HomeMy WebLinkAbout1990/07/24-Minutes-City CouncilCouncil met
Members present
Invocation
Pledge of
Allegiance
Minutes of July
17, 1990 approved
CITY COUNCIL MEETING
JULY 24, 1990
On the 24th day of July, A.D., 1990, the City Council of the City of Fort Worth,
Texas, met in regular session, with the following members and officers present, to -wit:
Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J.
Zapata, William N. Garrison, Kay Granger, Eugene McCray, Bill Meadows, Virginia Nell
Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City
Secretary Ruth Howard; with more than a quorum present, at which time the following
business was transacted:
The invocation was given by City Secretary Howard.
The Pledge of Allegiance was recited.
On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the
minutes of the meeting of July 17, 1990, were approved.
Minutes of City Council P-3 Page 401
d1nw
TUESDAY, JULY 24, 1990
M&C C-12433 be City Manager Ivory requested that Mayor and Council Communication No. C-12433 be
cont. untii after continued until after the executive session.
executive session
M&C C-12446 and P- Council Member Chappell requested that Mayor and Council Communication
4398 withdrawn Nos. C-12446 and P-4398 be withdrawn from the consent agenda.
Consent agenda,
On motion of Mayor Pro tempore Gilley, seconded by Council Member Granger, the
approved as amende
consent agenda, as amended, was approved.
Approved Cermonial
Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that
travel
the ceremonial travel by Council Member Kay Granger to Naigoka, Japan, to represent the
City of Fort Worth for Sister Cities be approved and that Council Member Granger be
appointed Deputy Mayor Pro tempore for ceremonial purposes. When the motion was put to
a vote by the Mayor, it prevailed unanimously.
Mr. Brent Dickie
Mr. Brent Dickie, 3320 McLean, appeared before the City Council and protested the
re A'icoholic
issuance of a liquor application to E1 Zacatecas at 2637 East Lancaster by the Texas
Beverage Permit
Alcoholic Beverage Commission and requested that the City Council assist in his fight
Application
against the Alcoholic Beverage Permit Application located at 2637 East Lancaster.
Council Member Granger made a motion, seconded by Mayor Pro tempore Gilley, that
the City of Fort Worth not take a position on the Alcoholic Beverage Permit Application
of El Zacatecas, located at 2637 East Lancaster. When the motion was put to a vote by
the Mayor, it prevailed unanimously.
City Attorney Adkins advised City Council that the process of protesting Texas
Alcoholic Beverage Commission applications can be placed on the Pre -Council Agenda for
discussion on next week.
Mayor Bolen instructed the City Attorney to work with the City Secretary to
establish a procedure to protest applications for liquor licenses at the county level
on problem bars.
Council Proposai
No. CP -150 re There was presented Council Proposal No. CP -150 from the City Manager, as follows:
Resolution Amendinil
Tax Abatement SUBJECT: RESOLUTION AMENDING TAX ABATEMENT POLICY
Poiicy
RECOMMENDATION:
It is -recommended that a resolution be developed amending the Tax Abatement
Policy, as follows:
1. At the time of application for an abatement, the applying party shall
submit reasonable estimates of:
(A) The projected construction dollars to be spent on the project and a
percentage of such dollars that would be awarded to Fort Worth
contractors and sub -contractors.
(B) The projected number of employees and payroll of the company and a
projected estimate of such employees and payroll that would reside
in Fort Worth during the abatement period.
(C) The projected total annual supplier and professional service
contracts in terms of dollars, and the projected percentages of
each such category that will be awarded to Fort Worth companies and
entities, during the abatement period.
(D) The abatement recipient shall annually present the City with
modification of the projections with an explanation of the reasons
for alteration.
2. Any individual or entity which receives a tax abatement from the City of
Fort Worth shall provide on a quarterly basis information requested by
the City including, but not limited to, the following:
(A) Thelnumber of dollar amounts of all construction contracts and
subcontracts awarded on the job, specifying which companies are
Fort Worth entities.
(B) The total number of employees of the company, their total salaries,
the number of employees who reside in Fort Worth and their gross
salaries. These jobs shall be reported in job classifications
appropriate to the employees.
(C) The gross dollars spent on supplier and professional service
contracts, broken down to demonstrate the amounts by contract
awarded and performed by Fort Worth individuals and entities.
(D) It the dollars or percentages do not equal the original or City
Council approved modified projections, the party receiving the
abatement shall state the explanation for the failure to meet the
projection, together with a recommended course of rectification.
Minutes of City Council P-3 Page 402
493
TUESDAY, JULY 24, 1990
r
P
l
Councioposal -
No. cPr cont. 3. It is understood that the estimates provided by an applicant for tax
Resolution abatement will be considered by the City Council in determining the
re
Amendi
Re sol Tax appropriateness of an abatement agreement and as such will become a part
Abatement Po i i cy of the agreement. Should the estimates provided by an applicant for tax
abatement not be met or exceeded, the abatement agreement shall be
subject to cancellation as provided in the tax abatement agreement, and
all abated taxes shall be paid to the City of Fort Worth and all other
taxing jurisdictions participating in the tax abatement agreement as
provided by law.
4. It is the policy of the City of Fort Worth that, at least 25% of the
employees of companies receiving an abatement shall reside in Fort Worth.
At the end of each City fiscal year, the company receiving the abatement
shall submit a certified list of employees with their addresses to the
City Council. If the percentage is below 25% for the prior year, the
abatement shall be lowered for the next year on a pro rata basis. A
separate calculation shall occur yearly.
Council Member Chappell made a motion, seconded by Council Member Zapata, that Council
Proposal No. 150, Resolution Amending Tax Abatement Policy, be continued for two weeks.
Mr. Terry Ryan re Mr. Terry Ryan, Fort Worth Chamber of Commerce, appeared before the City Council
CP -150 Tax Abate- and advised the City Council that the Chamber is willing to assist the City of Fort
men t Policy Worth in the business decisions of the tax abatement.
When the motion, that Council Proposal No. CP -150, Resolution Amending Tax
Abatement Policy, be continued for two weeks, was put to a vote by the Mayor, it
prevailed unanimously.
Council Proposal There was presented Council. Proposal No..CP-151 from the City Manager, as follows:
No. CP -151 re
Agreement for SUBJECT: AGREEMENT FOR THROUGH THE FENCE OPERATION AT MEACHAM AIRPORT FOR
through the fence VINTAGE FLYING MUSEUM
operation at
Meacham Airport fo PROPOSAL:
Vintage Flying
Museum - Hospers' It is proposed that the City Manager and City Attorney be directed to draft a
written business proposed agreement with W.C. Hospers to permit "through the fence" operations
plan between W.C. Hospers' property (former Roy Taylor property) and Meacham
Airport. The purpose of the agreement shall be to permit operation of a
Vintage Flying Museum on the property. The proposed agreement shall be for a
term of five years and shall contain the following terms and conditions.
1. Hangar 35 South:
a. Hangar 35 South shall be subleased to the Civil Air Patrol
(C.A.P.).
b. No airport access fee shall be charged for this portion of the
property.
C. The Hangar shall be used to store a C.A.P. plane plus no more than
three other single engine planes equipped for search and rescue
operations.
d. The C.A.P. shall hold meetings and training as needed on this part
of the property.
2. Hangar 33 South:
a. The City shall charge an access fee of 16.6 cents per square foot
for 25,000 square feet of space in Hangar 33 South including ramp
space. Said 25,000 square feet shall be marked and no more than
eight antique aircraft (more than 25 years of age) shall be stored
or hangared therein.
b. The operator of the museum or lessee of the property will have
twelve months to obtain 501(c)(3) status from the Internal Revenue
Service or to show that a good faith effort is being made to obtain
such status.
c. The operator of the museum or lessee of the property may use the
remainder of the hangar for static display of antique aircraft or
parts.
d. The operator of the museum or lessee of the property may offer
space to craftsmen to repair or maintain antique aircraft, parts,
radio equipment, etc. No space may be used for commercial repair
of modern aircraft, parts, radio equipment, etc.
e. The operator of the museum or lessee of the property will carry
appropriate liability insurance to protect the City.
f. The operator of the museum or lessee of the property will cause to
be formed a Citizens Advisory Committee pertaining to the
71
Minutes of City Council P-3 Page 403
X91
Council Proposal
CP -151 cont.
through the fence
operation at
Meacham Airport
for Vintage flyin
Museum
Major Martha
Armstrong re
CP -151 through th
fence operation a
Meacham Airport
TUESDAY, JULY 24, 1990
operation, goals and objectives of the said Vintage Flying Museum.
The Citizens Advisory Committee will be representatives of the
entire community of the City of Fort Worth.
g. It shall be expressly acknowledged in the agreement that the City
of Fort Worth will not contribute to the maintenance or operational
cost of any privately owned facility or equipment, nor shall the
City of Fort Worth accept any responsibility for obtaining any
necessary permits, satisfying EPA requirements, etc.
h. No fuel sales will be allowed on the property.
When the proposed agreement is ready it shall be forwarded to City Council
for its consideration.
RarvnPni INn
The City has received a request from W.D. Hospers for access to Meacham
Airport from his property which is adjacent to the airport. An agreement
containing the provisions outlined above would allow Dr. Hospers to allow a
Vintage Flying Museum from his property by an arrangement commonly known as
"through the fence."
LEGALITY:
The City Attorney has reviewed the above proposal and has the following
comments:
1. The proposed agreement shall be subject to review by the Federal
Aviation Administration.
2. The FAA may not be willing to approve the use of Hangar 35 South by the
C.A.P. unless the C.A.P. pays an access fee for use of the airport.
3. Permitting a through the fence operation at Meacham Airport could create
a precedent which would lead the FAA to require the City to permit other
through the fence operations at the airport.
FISCAL NOTES:
At this time it is not known whether any repairs to taxiways or ramps would
be required by the proposed lease. Access fees included in the lease would
generate revenue to the City.
CITY MANAGER'S COMMENTS:
The City Council considered and approved amended M&C G-8616 which approved
the current operating policy of not allowing through the fence operations at
Meacham Airport and denied an attached lease agreement which would have
allowed through the fence operations at Meacham Airport. The amendment to
the M&C stated, "Authorized fence to be taken down and to allow the B-17 to
be placed inside the hangar at Meacham Field with the understanding that the
fence be put back up at Mr. Hospers' expense and that he obtain necessary
permits and certificate of occupancy before the airplane is moved."
The City does not recommend a through the fence operation at Meacham Airport,
because of a possible negative impact on future development of airport land
and setting a precedent for future through the fence requests. Should the
City Council approve this Policy Proposal, the City staff recommends that the
terms included in the lease attached to M&C G-8616 be included in any future
lease. Additionally City staff recommends that the following terms and
conditions also be required of any lease allowing through the fence
operations:
1. The lease be approved by the Federal Aviation Administration.
2. All areas used directly for and/or in support of aviation activities be
assessed an access fee.
3. If the lessee is required to be a nonprofit agency, the 501(c)(3) status
be obtained from the Internal Revenue Service before the execution of
the lease.
4. Require the lessee to obtain all necessary permits to include a
certificate of occupancy for the hangar before the lease agreement is
executed.
Mayor Pro tempore Gilley advised the audience that the proposed agreement for
"through the fence" operation at Meacham Airport for Vintage Flying Museum is for a
five-year period and read the proposed terms and conditions of the Council Proposal and
advised the City Council that he is not proposing to waive any of the required permits
and requested that the City Council accept and approve the proposal.
Major Martha Armstrong, 505 Northwest 38th Street, Commander of the Fort Worth
Senior Squadron of the Civil Air Patrol, appeared before the City Council and requested
Minutes of City Council P-3 Page 404
405
TUESDAY, JULY 24, 1990
Major Martha
Armstrong cont.
that the City Council approve the "through the fence" operation at Meacham Airport
for
CP -151
Vintage Flying Museum.
the "through the fence" operation at Meacham Airport and that, in his opinion, the
Mr. Curtis Ambreit
Mr. Curtis Ambreit, 9612 Santa Paula Drive, appeared before the City Council
and
re through the
expressed support for the Vintage Flying Museum and "through the fence" operation
at
fence operation
Meacham Field.
re CP -151 through
CP -151
Mr. Dutch Reyenga
Mr. Dutch Reyenga, 505 Northwest 38th Street, appeared before the City Council
and
re through the
expressed support for the "through the fence" operation at Meacham Airport for Vintage
fence operation
Flying Museum.
Mr. Gene Cozart, 4917 Circle Ridge, appeared before the City Council and expressed
CP -151
Dr. W.D. Hospers
Dr. W.D. Hospers, 505 Northwest 38th Street, appeared before the City Council
and
at Meacham Field and expressed opposition to a "through the fence" operation at Meacham
answered questions and concerns of the City Council members and advised the City
Field.
reCP-151Council
that he spends approximately $70,000.00 to operate the B-17; that he has
not
Such moratorium shall be extended until midnight, December 31, 1990,
obtained the 501(C)(3) status from the Internal Revenue Service and requested that
an
explanation be provided as to the meaning of "unfair competition", "precedent", and
the
containing the provisions outline in Exhibit "A" to permit certain
"negative impact".
Mr. Don hanson
Mr. Don Hanson, 4000 North Main, representing Don Hanson Sandpiper and 20 other
re CP -151 through
tenants at Meacham Field, appeared before the City Council and expressed opposition to
the fence operatio
the "through the fence" operation at Meacham Airport and that, in his opinion, the
CP -152 re
museum would not pay any taxes because it would be considered a public access property
arports Moratorium
and the City would not collect any taxes after allowing the "through the fence"
n prosecution of
operation.
Mr. Reed Pigman
Mr. Reed Pigman, representing Texas Jet, appeared before the City Council and
re CP -151 through
expressed opposition to the "through the fence" operation at Meacham Airport for
the fence operatio
Vintage Flying Museum; questioned the existance of Dr. Hospers' feasability study for
the museum; and suggested that Dr. Hospers sell the land to the City of Fort Worth for
rent credit in exchange for a 30 -year lease on the property.
Mr. Gene Coza r t
Mr. Gene Cozart, 4917 Circle Ridge, appeared before the City Council and expressed
re CP -151 through
his concerns regarding the City's welfare in approving a "through the fence" operation
the fence operatio
at Meacham Field and expressed opposition to a "through the fence" operation at Meacham
Field.
Council Members Zapata and _Webber excused themselves from the Council table at
this time.
Mr. Robert BurkeMr. Robert Burke, Director of Airport 'Systems, appeared before the City Council
re CP -151 through and advised the City CounVI that land abuts Meacham Field that could be purchased for
the fence operatio future "through the fence' requests.
At this time, Council Members Webber and Zapata assumed their chairs at the
Council table.
CP -151 cont. until Council Member Granger made a motion, seconded by Mayor Pro tempore Gilley, that
or by September 4, the staff be requested to take Council Proposal No. CP -151 and work with the Hospers
1990 with a and come back by September 4 with a proposal based on this and which addresses the
proposal based on issues discussed today, together with the Hospers' written business plan. When the
the issues discuss motion was put to a vote by the Mayor, it prevailed by the following vote:
ed today
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, and Chappell
NOES: Council Member Webber
i
Minutes of City Council P-3 Page 405
ABSENT: None
Mayor Pro tempore Gilley excused himself from the Council table at this time.
Council Proposal
There was presented Council Proposal No. CP -152 from the City Manager, as follows:
CP -152 re
arports Moratorium
SUBJECT: MODIFICATION OF REGULATIONS CONCERNING CARPORTS/MORATORIUM ON
n prosecution of
PROSECUTION OF VIOLATORS
iolators
PROPOSAL:
It is proposed that the City Council take the following action:
1. Adopt the attached ordinance amending Ordinance No. 10247, Ordinance
No. 10343, and Ordinance No. 10501 so as to:
a. Extend the moratorium on the prosecution of citations issued before
January 10, 1989, for violations of front yard setback and front
yard building line requirements by non -conforming carports; and
b. Extend the moratorium on the issuance of citations for
non -conforming carports constructed before January 10, 1989.
Such moratorium shall be extended until midnight, December 31, 1990,
unless sooner repealed by the City Council.
2. Direct the City Attorney to prepare an Amendment to the Zoning Ordinance
containing the provisions outline in Exhibit "A" to permit certain
i
Minutes of City Council P-3 Page 405
4"G
TUESDAY, JULY 24, 1990
CP -152 cont. non -conforming carports which were constructed in front yards before
Carports - front January 10, 1989, to legally continue to exist.
yard setback and
fron yart building 3. Direct the City staff to schedule the aforesaid Zoning Ordinance
line requirements Amendment for public hearing before the Zoning Commission at the
earliest possible date.
BACKGROUND:
Several areas exist in Fort Worth where carports have been added to the front
of single-family residences. Many of these carports violate the front yard
setback and front yard building line requirements of the Zoning Ordinance and
special building lines established on subdivision plats.
On January 10, 1989, the City Council approved Policy Proposal 136 which
asked the Zoning Commission to study the problem and, if appropriate, develop
amendments to setback regulations to permit any such existing carports to
continue and to permit new carports of this type to be built. By a letter
dated May 22, 1989, the Chairman of the Zoning Commission reported to the
City Council that the Commission felt no change needed to be made in the
Zoning Ordinance.
A City Council Carport Committee chaired by Councilman Steve Murrin was
subsequently formed. Several meetings were held but no recommendations were
developed by the Committee. In the meantime, the City Council moratorium on
prosecution of violators and issuance of citations expired on December 31,
1989.
On January 30, 1990, the Council approved Policy Proposal 147 which extended
the moratorium until July 31, 1990, and directed the City Attorney to prepare
an amendment to the Zoning Ordinance to permit the construction of new
carports in front yards under certain conditions if approved by the Zoning
Board of Adjustment and to permit certain existing carports to continue. The
proposed ordinance was prepared and referred to the Zoning Commission. On
March 14, 1990, the Zoning Commission held a public hearing and recommended
to City Council that the proposed amendment to the Zoning Ordinance be denied.
On April 10, 1990, the City Council held a public hearing and upheld the
recommendation of the Zoning Commission to deny the amendment.
Since April 10, 1990, City staff has sent notices of violations to the owners
of many non -conforming carports. Investigation indicates that literally
hundreds of such carports exist. Most of them cause no problems and their
removal would cause an economic hardship to the property owners. The present
Policy Proposal asks the Zoning Commission to consider an ordinance which
would grant legal non -conforming status to carports constructed before
January 10, 1989, if the conditions outlined in Exhibit "A" are met.
LEGALITY:
The City Attorney has reviewed the above proposal and there are no known
legal impediments.
FISCAL NOTES:
None
CITY MANAGER'S COMMENTS:
The City Manager has no objections to this proposal.
Pyr. Weldon Wicker Mr. Weldon Wicker, 5104 Melbourne Drive, appeared before the City Council and
re CP -152 carports requested that the City Council give favorable consideration to the modification of
regulations concerning carports/moratorium on prosecution of violators, and advised the
City Council that he was unaware of the existence of a carport ordinance until he
received a citation.
Mayor Pro tempore Gilley assumed his chair at the Council table at this time.
Mr S. L. Vaughan Mr. S.L. Vaughan, 117 Athenia Drive, appeared before the City Council and
re CP -152 carports expressed opposition to the issuance of a citation for non -conforming carports and
advised Council that he purchased the property on April 3, 1990.
Ms. Anne Smith re Ms. Anne Smith, 6116 Ridgeway, representing the Fort Worth League of
CP -152 carports Neighborhoods Association, appeared before the City Council and requested that the City
Council continue Council Proposal No. CP -152, Modification of Regulations Concerning
Carports/Moratorium on Prosecution of Violators, for one week in order for the League
to review the proposal.
Ms. Plargare t E. Ms. Margaret E. McGlynn, 2121 Bunting Avenue, appeared before the City Council and
McGlynn re CP -152 expressed opposition to the extension of the moratorium and requested that the City
carports Council deny Council Proposal No. CP -152 in its entirety.
Council Member Meadows made a motion, seconded by Council Member Zapata, that
Recommendation No. 1 under Proposal on Council Proposal No. CP -152 be approved and that
Minutes of City Council P-3 Page 406
TUESDAY, JULY 24, 1990
CP -152 cont. Recommendations 2 and 3 be continued for one week. When the motion was put to a vote
carports/moratoriu by the Mayor, it prevailed unanimously.
Introduced Council Member Meadows introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 10641 ORDINANCE NO. 10641
AN ORDINANCE AMENDING ORDINANCE NO. 10247, ORDINANCE NO. 10343, AND
ORDINANCE NO. 10501 TO PROHIBIT THE ISSUANCE OF CITATIONS AND
PROSECUTION OF COMPLAINTS FOR VIOLATIONS OF FRONT YARD SETBACK
REQUIREMENTS BY CERTAIN CARPORTS IN THE CITY OF FORT WORTH, WHICH
PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON DECEMBER 31,
1990, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF
SUCH PROHIBITION BEING TO PRESERVE THE STATUS QUO PENDING
CONSIDERATION BY THE CITY COUNCIL OF POSSIBLE REVISIONS TO THE
ORDINANCES AND REGULATIONS PERTAINING TO SUCH CARPORTS; PROVIDING
FOR A METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A SEVERABILITY
CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth regulates the location and construction
of carports and other buildings under its Comprehensive Zoning Ordinance
(Ordinance No. 3011, as amended) and other city ordinances and regulations;
and
WHEREAS, there are several areas in the City of Fort Worth where
carports have been added to the front of residences with attached garages;
and
WHEREAS, some of such carports violate the front setback requirements of
the Comprehensive Zoning ordinance and special building lines established on
subdivision plats; and
WHEREAS, on January 31, 1989, the City Council adopted Ordinance
No. 10247 and on July 25, 1989, the City Council adopted Ordinance No. 10343,
and on January 30, 1990, the City Council adopted Ordinance No. 10501, which
ordinances provide that a moratorium shall be imposed on the prosecution of
citations issued before January 10, 1989, for violations of front yard
setbacks and special building lines by nonconforming carports and that a
moratorium shall be imposed on the issuance of citations for violations of
front yard setbacks by nonconforming carports constructed before January 10,
1989; and
WHEREAS, it is necessary to extend such moratoriums until midnight on
December 31, 1990, so that the City Council may consider possible revisions
to the ordinances and regulations pertaining to such carports;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That pursuant to the valid exercise of the police power granted to the
City, Ordinance No. 10247, Ordinance No. 10343, and Ordinance No. 10501 are
hereby amended and the following acts are hereby prohibited in the City of
Fort Worth during the period from the effective date of this ordinance until
midnight on December 31, 1990, or until this ordinance is repealed, whichever
occurs first;
(a) the prosecution of citations issued or complaints filed before
January 10, 1989, for violations of front yard setback and special
building line requirements by carports added to residences with attached
garages;
(b) the issuance of citations or the filing or prosecution of
complaints for violations of front yard setback and building line
requirements by carports added to residences with attached garages where
such carports were constructed before January 10, 1989;
(c) the issuance of citations or the filing or prosecution of
complaints for other violations by carports added to the front of
residences with attached garages where such carports were constructed
before January 10, 1989.
Minutes of City Council P-3 Page 407
498
Ordinance No. 1064
cont.
That the purpose of this prohibition is to maintain the status quo concerning
such nonconforming carports until proposed amendments to front yard setback
requirements for carports can be considered by the City Council.
SECTION 2.
That all of the declarations and findings contained in the preamble of
this ordinance are made a part hereof and shall be fully effective as part of
the ordained subject matter of this ordinance.
SECTION 3.
That this ordinance shall be in full force and effect until such time as
the City Council adopts an ordinance repealing same or until midnight on
December 31, 1990, whichever occurs first.
SECTION 4.
That this ordinance shall be cumulative of all provisions of ordinances
and of the Code of the City of Fort Worth, Texas (1986), as amended, except
where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event, such conflicting
provisions of such ordinances and Code are hereby suspended for the period
during which this ordinance is in effect.
SECTION 5.
That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and, if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared void, ineffective or unconstitutional by the
valid judgment or final decree of a court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without
the incorporation herein of any such void, ineffective or unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 6.
That this ordinance shall be in full force and effect from and after its
passage, and it is so ordained.
SECTION 7.
Kemper National P
& C Company (Darie e
Grimm) on behalf o
National Loss Con-
trol Service Corp-
oration on behalf
of Campital Cities
ABC
Tony Jacobson
2. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
3. Claimant:
Date Received:
Kemper National P & C Company (Darlene Grimm)
on behalf of National Loss Control Service
Corporation on behalf of Capital Cities/ABC
July 16, 1990
June 1, 1990
On Hemphill St. at the intersection of Shaw
St.
Undeclared
Claimant alleges injuries to Monica Mejia
allegedly caused by insured's vehicle being
struck by child as result of vehicular/
pedestrian accident allegedly caused by
malfunctioning traffic light.
Tony Jacobson
July 16, 1990
Minutes of City Council P-3 Page 408
That the City Secretary shall send copies of this ordinance to the chief
Judge of the Municipal Court, City Attorney and Director of the Department of
Development of the City of Fort Worth.
Resignation of
Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that
Mr. John D. Mixon
the resignation of Mr. John D. Mixon from the City Zoning Commission and the North Fort
from the City
Worth Airport Zoning Commission be accepted with regrets. When the motion was put to a
Zoning Commission
vote by the Mayor, it prevailed unanimously.
OC S-15 3 - Claims
There was presented Mayor and Council Communication No. OCS-153 from the Office of
the City Secretary recommending that notices of claims for alleged damages and/or
injuries be referred to the Risk Management Department, as follows:
Gregory Lennard
1. Claimant: Gregory Lennard McAfee
McAfee
Date Received: July 17, 1990
Date of Incident: Undeclared
Location of Incident: 3013 Ave. M
Estimate of Damages/
Injuries: $424.90
Nature of Incident: Claimant alleges damages to his property as
the result of his water being shut off
without notification.
Kemper National P
& C Company (Darie e
Grimm) on behalf o
National Loss Con-
trol Service Corp-
oration on behalf
of Campital Cities
ABC
Tony Jacobson
2. Claimant:
Date Received:
Date of Incident:
Location of Incident:
Estimate of Damages/
Injuries:
Nature of Incident:
3. Claimant:
Date Received:
Kemper National P & C Company (Darlene Grimm)
on behalf of National Loss Control Service
Corporation on behalf of Capital Cities/ABC
July 16, 1990
June 1, 1990
On Hemphill St. at the intersection of Shaw
St.
Undeclared
Claimant alleges injuries to Monica Mejia
allegedly caused by insured's vehicle being
struck by child as result of vehicular/
pedestrian accident allegedly caused by
malfunctioning traffic light.
Tony Jacobson
July 16, 1990
Minutes of City Council P-3 Page 408
TUESDAY, JULY 24, 1990
Tony Jacobson cont ( Date of Incident: June 7, 1990
Location of Incident: 3209 Donnelly Circle #106
Estimate of Damages/
Injuries: $413.95
Nature of Incident: Claimant alleges damages to his property as
the result of actions taken by Fort Worth
Police personnel.
Janice Bell, 4. Claimant: Janice Bell, Guardian of Shamonica Bell
Guardian of Date Received: July 16, 1990
Shamoni ca Bell Date of Incident: June 21, 1990
Attorney: Denbow & Wade (Sandra L. Jensen)
Location of Incident: Butler Place Apts., Luella St.
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges Shamoni ca Bell, a minor,
suffered injuries as a result of a fall and
is seeking to recover damages on her behalf.
Joyce Bell, 5. Claimant: Joyce Bell, Guardian for Barbara Bell
Guardian for Date Received: July 16, 1990
Barbara Bell Date of Incident: June 21, 1990
Attorney: Denbow & Wade (Sandra L. Jensen)
Location of Incident: Butler Place Apts., Luella St.
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges Barbara Bell, a minor,
suffered injuries as a result of a fall and
is seeking to recover damages on her behalf.
Mrs. Alfonso 6. Claimant: Mrs. Alfonso Martinez
Martinez Date Received: July 17, 1990
Date of Incident: June 23, 1990
Location of Incident: 2900 Blk. Seminary Drive
Estimate of Damages/
Injuries: $542.72
Nature of Incident: Claimant alleges damages to her automobile as
the result of street conditions.
James Hardeman 7. Claimant: James Hardeman Campbell, Jr.
Campbell, Jr. Date Received: July 17, 1990
Date of Incident: June 25, 1990
Location of Incident: Access Road Interstate 35 and Altamesa
Estimate of Damages/
Injuries: $507.40 - $550.29
Nature of Incident: Claimant alleges damages to his automobile as
the result of an accident involving a
City -owned vehicle.
Jessie Lowe Smith 8. Claimant: Jessie Lowe Smith
Date Received: July 17, 1990
Date of Incident: May 21, 1990
Location of Incident: Hwy 287 (Martin Luther King Freeway)
Estimate of Damages/
Injuries: $410.71 - $549.98
Nature of Incident: Claimant alleges damages to his automobile as
the result of rocks and other objects flying
from a City -owned vehicle (truck).
Mrs. Louise 9. Claimant: Mrs. Louise Livingstone
Livingstone Date Received: July 17, 1990
Date of Incident: Discovered March 12, 1990
Location of Incident: 3913 E. Lancaster
Estimate of Damages/
Injuries: Undeclared
Nature of Incident: Claimant alleges damages to her property as
the result of a sewer backup.
Larry M. Whitehead 10. Claimant: Larry M. Whitehead
Date Received: July 18, 1990
Date of Incident: June 26, 1990
Location of Incident: On University past Lancaster
Estimate of Damages/
Injuries: $145.90
Nature of Incident: Claimant alleges damages to his automobile as
the result of an object flying from a mower
being used by City crewmen.
Don Euguene Bowden 11. Claimant: Don Eugene Bowden
Date Received: July 18, 1990
Date of Incident: June 12, 1990
Location of Incident: 8200 Old Denton Road
Estimate of Damages/
Injuries: $1,027.41
Minutes of City Council P-3 Page 409
411-0
TUESDAY, JULY 24, 1990
Don Eugene B osden
Nature of Incident:
Claimant alleges damages to automobile owned
by Dos Gringos, Inc. as the result of an
accident involving a City -owned vehicle
(police).
Deborah Ann
12. Claimant:
Deborah Ann Villarreal
Vi iiarreal
Date Received:
July 18, 1990
Date of Incident:
Approximately 1980
Location of Incident:
Lipscomb
Estimate of Damages/
Injuries:
$30.65 - $1,000.00
Nature of Incident:
Claimant is seeking reimbursement for water
.
bill charges and alleges damages as a result
of unfair treatment by the Water Department.
Ric A. and Alicia
13. Claimant:
Ric A. and Alicia Walker
Walker
Date Received:
July 18, 1990
Date of Incident:
July 16, 1990
Attorney:
Shwiff, Emerson & Schwiff (Marvin G. Shwiff)
Location of Incident:
Fort Worth Zoo
Estimate of Damages/
Injuries:
$25,000.00
Nature of Incident:
Claimants, passengers on the train at the Ft.
Worth Zoo, allege damages and injuries as a
result of the train's derailment.
OCS-153 adopted It was the consensus of the City Council that the recommendations be adopted.
OC S-154 re There was presented Mayor and Council Communication No. OCS-154 from the Office of
Liability Bonds the City Secretary recommending that the City Council authorize the acceptance or
or cancellation cancellation of liability bonds, as follows:
PARKWAY CONTRACTOR'S BOND INSURANCE COMPANY
Precision Concrete Precision Concrete Lawyers Surety Corporation
B.C.I. Inc.
Hudak Concrete
Construction
W.H. Braum, Inc.
Randy J. Saldana &
Gerarad A. Artiag
dba G & R Con-
struction Co.
OCS-154 adopted
M&C G-8720 re
cont. for two
weeks agreement
with Tarrant Count
Office of the
Criminal District
Attorney regarding
forfeiture of
certain property
seized as a result
of felony activity
B.C.I. Inc.
Hudak Concrete Construction
W.H. Braum, Inc.
PARKWAY CONTRACTOR'S BOND
CANCELLATION
CANCELLATION DATE
Randy J. Saldana & Gerarad A. 8-20-90
Artiaga dba G & R Construc-
tion Co.
Lawyers Surety Corporation
Universal Surety of America
Lawyers Surety Corporation
INSURANCE COMPANY
Western Surety Company
It was the consensus of the City Council that the recommendation be adopted.
There was presented Mayor and Council Communication No. G-8720, dated July 12,
1990, from the City Manager, as follows:
SUBJECT: FELONY AND FORFEITURE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
OFFICE OF THE CRIMINAL DISTRICT ATTORNEY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager and Chief
of Police to enter into the attached agreement with the Tarrant County Office
of the Criminal District Attorney regarding the forfeiture of certain
properties seized as a result of felony activity.
r111MAI MAVE
Chapter 59 of the Texas Code of Criminal Procedure, enacted in 1989, provides
for the forfeiture to the State of Texas and its agencies and political
subdivisions of certain property of any nature, including real, personal,
tangible or intangible, that is either used or intended to be used in the
commission of certain felonies, or is proceeds or acquired with proceeds
gained from the commission of certain felonies. Article 59.06 of the Code
provides that all forfeited property shall be administered by the District
Attorney, acting as the agent for the State. A municipality must enter into
an agreement with the District Attorney in order to share the proceeds from
forfeitures after final disposition. In the event an agreement cannot be
reached, proceeds from the disposition go to the State.
In October of 1989, the District Attorney's office forwarded a "Memorandum of
Agreement" to the City for execution. It basically proposed that proceeds be
divided with the District Attorney's office on a 50/50 basis, after certain
costs, including those for litigation, are deducted.
Minutes of City Council P-3 Page 410
TUESDAY, JULY 24, 1990
&C G-8720 cont. Prior to recommending approval of the agreement, a survey was conducted of
ont. for two major cities and counties in the State to determine what, if any, sharing
eeks agreement formula they have in place on forfeitures (See Attachment). Most of the
ith Tarranty formulas were in favor of the cities. Of the 18 cities with an agreement in
ounty Office of the place, eight (8) used 80/20, one (1) was 75/25, four (4) used 70/30, one (1)
riminal District was 65/35, three (3) used 50/50 and one (1) had a sliding scale that used
ttorney 50/50 for the first $200,000 and increased the city's share as the amount of
the forfeitures increased.
After reviewing the survey results, staff recommended to the Mayor and City
Manager that a counter -proposal be sent to the District Attorney proposing a
formula under which the City would receive 70% and the District Attorney 30%.
This proposal was submitted to the District Attorney on more than one
occasion during the past few months and was rejected each time. Although
Chapter 59 of the Code does not require that all cities in a county enter
into identical agreements, the District Attorney has stated that it is his
opinion that they should do so. Therefore, in order not to allow forfeiture
proceeds to be returned to the State, it is recommended that the original
agreement submitted by the District Attorney's office be executed. No one
can predict how much revenue will be generated from this program. However,
staff will closely monitor the forfeiture activity and make periodic reports
to the City Council.
TERMS OF THE AGREEMENT:
Outlined below are the basic terms of the agreement.
1. Once a judgment has become final, all monies placed in the fund will be
distributed as follows:
a. All costs and fees incurred pursuant to the forfeiture proceedings
shall be paid from the forfeited monies;
b. One half of all remaining monies, plus one half of all accrued
interest shall be disbursed to the City to be placed in a special
fund to be used for law enforcement purposes; and,
C. All remaining monies, plus remaining interest shall be placed in a
special fund to be used for official purposes of the District
Attorney's Office.
2. Once a forfeiture judgment has become final on real property, it shall
be sold by Tarrant County and all proceeds will be disbursed based on
the above formula.
3. Once a final judgment has been made on personal properties, the same
procedures will be followed as outlined in Number 2 above.
4. In the case of real and personal property, if both the City and District
Attorney agree, it can be used for law enforcement purposes, as opposed
to being sold.
5. The City shall be able to make requests of the District Attorney for
additional disbursements from the District Attorney's special fund. The
decision regarding such requests shall rest solely with the District
Attorney.
Impoundment Cards (Auctioned Vehicles) 1978-1986 277 cu. ft.
Impoundment Cards (Released Vehicles) 1986
Correspondence & General Files 1978-1986
Daily Cash Report 1985-1987
Cash Receipts 1986-1987
Wrecker Service Reports & Selection Forms 1985-1987
M&C G-8736 adopted 1l It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council P-3 Page 411
6. The agreement may be terminated upon thirty (30) days written notice by
either party to the other, however, any then pending forfeitures shall
not be affected by such notices.
Council Member Zapata made a motion, seconded by Council Member Chappell, that
consideration of Mayor and Council Communication No. G-8720, be continued for two
weeks. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C G-8736 re
There was presented Mayor and Council Communication No. G-8736 from the City
approval disposal
Manager stating that records belonging to the Police Department have been targeted for
of public records
disposition; that procedures for disposal of public records outlined in City of Fort
belonging to the
Worth Administrative Regulation 1-30 were followed; that the Police, Law, Internal
Police Department
Audit, and Risk Management Departments, and the Office of Management Services have
reviewed the request for disposal of the records prior to submission to the Texas State
Library; and recommending that the City Council approve the disposal of public records
belonging to the Police Department, as follows:
RECORDS TITLE DATES VOLUME
Impoundment Cards (Auctioned Vehicles) 1978-1986 277 cu. ft.
Impoundment Cards (Released Vehicles) 1986
Correspondence & General Files 1978-1986
Daily Cash Report 1985-1987
Cash Receipts 1986-1987
Wrecker Service Reports & Selection Forms 1985-1987
M&C G-8736 adopted 1l It was the consensus of the City Council that the recommendation be adopted.
Minutes of City Council P-3 Page 411
41r,
N
TUESDAY, JULY 24, 1990
&C G-8737 re There was presented Mayor and Council Communication No. G-8737 from the City
installation of Manager stating that a traffic signal warrant study completed by staff for the
new traffic intersection of Bridge Street and Country Club Lane indicates the intersection meets
signal at the the warrant requirements for a traffic signal based on the Manual on Uniform Traffic
Intersection of Control Devices; that the Department of Transportation and Public Works proposes to
Bridge Street and install a fully actuated traffic signal at the intersection; and recommending that the
Country Club Lane installation of a new traffic signal at the intersection of Bridge Street and Country
Club Lane be approved and that a bond fund transfer in the amount of $30,000.00 be
authorized from 89-031901-00, Unspecified Traffic Signals, to 89-031105-00, Bridge
Street and Country Club Lane, to provide funds for construction. It was the consensus
of the City Council that the recommendation be adopted.
&C G-8738 re
There was presented Mayor and Council Communication No. G-8738 from the City
equest of Sundanct
Manager stating that Sundance Square is hosting the 4th Annual Halloween Event on
quare to close
emporariiy Main
Saturday, October 27, 1990; that, to ensure the safety of the participants and
treet from Second
spectators, Sundance Square is requesting City Council approval to close temporarily
Main Street from 2nd to -3rd Streets; that all of the businesses affected by the closure
o Third Street
will be notified; that Sundance Square has provided a certificate of liability
th Annual
alloween Event
insurance and will provide the necessary barricades; and recommending that the request
of Sundance Square to close temporarily Main Street from 2nd to 3rd Streets from
5:00 p.m. Saturday, October 27, until 1:00 a.m. Sunday, October 28, 1990, be approved.
It was the consensus of the City Council that the recommendation be adopted.
&C G-8739 re
There was presented Mayor and Council Communication No. G-8739 from the City
nited IJay to sack
Manager stating that the United Way agency has requested the sacking of six parking
ix parking meters
meters in the 200 Block of East 9th Street; that the meters will be used by volunteers
or 120 consecutive
from Carswell Air Force Base who serves as campaign film projectionists and messengers
ays for the United
over a four month period; that the first two meters to be sacked are scheduled for
ay campaign
July 16, 1990, and the remaining four meters on July 30, 1990; that the City Traffic
Engineer may grant the use of meter space without charge to charitable and other
non-profit organizations for up to four meter spaces; that, since this request is for
six meters and for such an extended time period, Council approval is required; and
recommending that the City Council approve the request of the United Way to sack six
parking meters for 120 consecutive days. It was the consensus of the City Council that
the recommendation be adopted.
&C G-8740 re There was presented Mayor and Council Communication No. G-8740 from the City
ontinued employ- Manager stating that the City Council on February 25, 1986, by Mayor and Council
en t of Vinson and Communication No. G-6589 continued employment of Vinson and Elkins for assistance to
l ki ns, outside the City Attorney with water and wastewater matters pending before the Texas Water
ounsel to provide Commission; that the amount appropriated for the service was $40,000.00; stating that
peciai expertise the City Council approved an additional $30,000.00 on June 21, 1988, by Mayor and
nd assistance in Council Communication No. G-7615 for the continued employment of Vinson and Elkins to
he Arlington rate assist with the negotiations of new wholesale water contracts and continued
ase and iitigatior negotiations with the City of Arlington; that the City Council authorized the continued
employment of Vinson and Elkins as outside counsel on May 2, 1989, by Mayor and Council
Communication No. C-11614 to provide special expertise and assistance to the City
Attorney in wastewater matters; that the amount appropriated for the service was not to
exceed an additional $150,000.00; that, to date, the Water Department has paid a total
of $300,630.00 to Vinson and Elkins for services rendered; that the proposed continued
service will be utilized during the litigation with the City of Arlington; stating that
funds are available in Water and Sewer Operating Fund 45, Account No. 70-10-00, Index
Code 390799; and recommending that the City Council authorize the continued employment
of Vinson and Elkins, Attorneys at Law, as an outside counsel to provide special
expertise and assistance in the Arlington rate case and litigation. It was the
consensus of the City Council that the recommendation be adopted.
«C G-8741 re There was presented Mayor and Council Communication No. G-8741 from the City
nvironmental Flan- Manager, as follows:
gement Office
SUBJECT: ESTABLISH ENVIRONMENTAL MANAGEMENT OFFICE
RECOMMENDATION:
It is recommended that the City Council:
1. Establish the Environmental Management Office as a separate account in
General Fund 01, renaming Non -Departmental Account 90-66-00 from
Environmental Compliance Coordination to Environmental Management Office
effective July 28, 1990;
2. Adopt the attached supplemental appropriation ordinance:
a) dis-appropriating $5,464.00 and one position from the Real Property
Department, and appropriate said amount to the Environmental
Management Office (90-66-00);
b) dis-appropriating $8,325.00 and one position from the City
Manager's Office, and appropriate said amount to the Environmental
Management Office (90-66-00).
DISCUSSION:
The City's environmental activities can operate more effectively if
consolidated into the Environmental Management Office. This new office would
Minutes of City Council P-3 Page 412
413
TUESDAY, JULY 24, 1990
&C G-8741 re be charged with planning, developing and implementing policies, procedures
nvironmental and programs to address environmental concerns which impact the City of,Fort
anagerient Office Worth.
Currently the Assistant to the City Manager over environmental issues works
closely with the Environmental Compliance Coordinator and the Real Property
Audit -Assessor positions. Consolidation of these positions into the
Environmental Management Office would facilitate the City's tracking of
expenses related to environmental management.
Transferring these positions to Non -Departmental will facilitate budget
preparation and monitoring. The Environmental Compliance Coordination
account in Non -Departmental would be renamed Environmental Management Office
to reflect the increased scope of responsibility. Adopting this proposal
this year, rather than delaying implementation until next fiscal year, will
assist staff in monitoring all costs related to environmental management
issues.
FINANCING:
Upon approval of Recommendation No. 1, the Environmental Management Office
will be created as a separate account in General Fund 01. Non -Departmental
Account 90-66-00 will be renamed from Environmental Compliance Coordination
to Environmental Management Office.
Upon adoption of Recommendation No. 2 a) one Environmental Assessment
Specialist position and $5,464.00 will be dis-appropriated from General
Fund 01, Real Property Management Department Account No. 16-10-00, Index Code
213801, and re -appropriated to the Environmental Management Office
(90-66-00), Index Code 323501.
Upon adoption of Recommendation No. 3 b) one Assistant to the City Manager
position and $8,325.00 will be dis-appropriated from the General Fund 01,
City Manager's Office Account No. 02-10-00, Index Code 200527, and
re -appropriate to the Environmental Management Office (90-66-00), Index Code
323501.
M&C G-8741 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. G-8741, be adopted.
(Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Granger. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 1064 ORDINANCE NO. 10642
AN ORDINANCE DECREASING APPROPRIATIONS IN THE GENERAL FUND 01, OF
THE CITY OF FORT WORTH, REAL PROPERTY MANAGEMENT ACCOUNT
NO. 16-10-00, BY THE SUM OF $5,464 AND IN THE GENERAL FUND 01, CITY
MANAGERS OFFICE, ACCOUNT NO. 02-10-00, BY THE SUM OF $8,325 FOR
FISCAL YEAR 1989-90 AND APPROPRIATING SAID $5,464 AND $8,325 TO THE
GENERAL FUND 01, NON -DEPARTMENTAL ACCOUNT NO. 90-66-00,
ENVIRONMENTAL MANAGEMENT OFFICE; FOR THE PURPOSE OF ESTABLISHING A
COMBINED OFFICE FOR ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL
MANAGEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be^in full force and effect from
and after the date of its passage, and it is so ordained.
M&C G-8742 re There was presented Mayor and Council Communication No. G-8742 from the City
reimbursement from Manager stating that the Retirement Board authorized the expenditure of $20,000.00 on
the Retirement June 22, 1990, for temporary labor services to provide assistance with the maintenance
Board of the accounting system and the collection of data necessary for implementation of
proposed benefit improvements; that the current Retirement Administration budget does
not provide for additional expenditures; that, consequently, the Retirement Board
authorized the Retirement Administrator to reimburse the Retirement Fund 02 for
additional costs totalling $20,000.00; and recommending that the City Council accept
Minutes of City Council P-3 Page 413
414
TUESDAY, JULY 24, 1990
& G-8742 cont.
re reimbursement reimbursement from the Retirement Board in the amount of $20,000.00 to be deposited in
from the Retire- the Retirement Administration Fund 02 of the City of Fort Worth; and adopt a
ment Board supplemental appropriations ordinance increasing estimated receipts in Retirement
Administration Fund 02 by $20,000.00 and appropriations in Retirement Administration
Fund 02, Retirement Administration Account No. 13-90-00 by the same amount from
increased revenues. It was the consensus of the City Council that the recommendations
be adopted.
Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Granger. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. 1064 ORDINANCE NO. 10643
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE RETIREMENT
ADMINISTRATION FUND 02, OF THE CITY OF FORT WORTH FOR THE FISCAL
YEAR 1989-90 BY THE SUM OF $20,000 AND APPROPRIATING SAID $20,000
TO THE RETIREMENT ADMINISTRATION FUND, RETIREMENT ADMINISTRATION
ACCOUNT 13-90-00 FOR THE PURPOSE OF FUNDING TEMPORARY LABOR
SERVICES FOR MAINTAINING THE MUTUAL ACCOUNTING SYSTEM AND
COLLECTING DATA FOR IMPLEMENTATION OF THE FLOOR PLAN UPON APPROVAL;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10644
10644 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL
FUND 01, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY
THE SUM OF $6,727 AND APPROPRIATING SAID $6,727 TO THE GENERAL
FUND 01, FIRE OPERATIONS DIVISION, ACCOUNT 36-30-00 FOR THE PURPOSE
OF FUNDING LABOR, MATERIALS, AND MISCELLANEOUS PARTS FOR A NEW
FIRESAFETY HOUSE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Minutes of City Council P-3 Page 414
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C G-8743 re
There was presented Mayor and Council Communication No. G-8743 from the City
approved donation
Manager stating that the Missouri Pacific Railroad donated $8,000.00 to the City to
of $8,000.00 to th
start the planning and assist in the building of a fire safety house on November 7,
City for a dha l:d-
1988; that additional donations of $1,300.00 were received from the Southwest Lions
ren's fire safety
Club; that the City Council approved the expenditure of $2,573.00 from the gift fund
house
for the purchase of a special trailer frame for the house on September 26, 1989; that
the remainder of the donated funds of $6,727.00 are primarily for labor costs, since
most of the building materials as well as the towing truck were donated; and
recommending that the City Council approve the transfer of $6,727.00 from the Special
Gifts Fund 88, Project No. 036009-00, Build a Fire Safety House, to the General
Fund 01, Fire Operations Division Account No. 36-30-00; and that a supplemental
appropriations ordinance be adopted increasing estimated receipts in the General
Fund 01 by $6,727.00 and appropriations in a like amount in the General Fund 01, Fire
Operations Division Account No. 36-30-00 from increased revenues. It was the consensus
of the City Council that the recommendation be adopted.
Introduced
Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance
adopted. The motion was seconded by Council Member Granger. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10644
10644 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS IN THE GENERAL
FUND 01, OF THE CITY OF FORT WORTH FOR THE FISCAL YEAR 1989-90 BY
THE SUM OF $6,727 AND APPROPRIATING SAID $6,727 TO THE GENERAL
FUND 01, FIRE OPERATIONS DIVISION, ACCOUNT 36-30-00 FOR THE PURPOSE
OF FUNDING LABOR, MATERIALS, AND MISCELLANEOUS PARTS FOR A NEW
FIRESAFETY HOUSE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Minutes of City Council P-3 Page 414
41-5
TUESDAY, JULY 24, 1990
r dina nce No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
0644 cont.
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
&C G-8744 re There was presented Mayor and Council Communication No. G-8744 from the City
increase severity Manager stating that the Fiscal Year 1989-90 Budget approved for Fund 71 is
f liability losses $1,615,761.00; that, due mainly to the increased severity of liability losses in both
in both claims and claims and lawsuits, plus an increase in the number of lawsuit settlements, as compared
laswuits to the same time frame last fiscal year, additional money is needed for the remainder
of this fiscal year; and that the funds shall be distributed among the following
Fund 71 accounts:
ACCOUNT AMOUNT INDEX CODE
15-71-10 Claim Payments and Expenses .$150,000.00 399154
15-71-20 Lawsuit Payments and Expenses 380,000.00 399188
15-71-30 Commercial Insurance Premiums 175,000.00 399592
15-71-40 Self Insurance Premium 50,000.00 399832
Total $755,000.00
It was recommended that the City Council adopt a supplemental appropriations ordinance
increasing appropriations in Insurance Fund 71 by $755,000.00 and decreasing the
Insurance Fund 71, Unreserved, Undesignated Fund balance by the same amount. It was
the consensus of the City Council that the recommendation be adopted.
Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Granger. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
rdi nance No. ORDINANCE NO. 10645
0645
AN ORDINANCE INCREASING APPROPRIATIONS IN THE INSURANCE FUND 71,
VARIOUS ACCOUNTS, OF THE CITY OF FORT WORTH FOR FISCAL YEAR 1989-90
BY THE SUM OF $755,000 AND DECREASING THE UNRESERVED, UNDESIGNATED
FUND BALANCE OF THE INSURANCE FUND 71 BY THE SAME AMOUNT FOR THE
PURPOSE OF PAYING LIABILITY CLAIMS AND LAWSUITS AGAINST THE CITY OF
FORT WORTH; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 5.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
M&C P-4395 re There was presented Mayor and Council Communication No. P-4395 from the City
purchase agreement Manager submitting a tabulation of bids received for a purchase agreement to supply
with DPC Industries, sulfur dioxide to the Water Department; stating that budgeted funds are sufficient to
Inc. to supply cover the anticipated expenditure by each department participating in this agreement;
sulfur dioxide to and recommending that the purchase agreement be authorized with DPC Industries, Inc.,
the Water Depart- on low bid of $0.1270 per pound, and authorized term of agreement to begin date of
ment authorization by City Council and end one year later, with option to renew for two
additional one-year periods. It was the consensus of the City Council that the
recommendation be adopted.
M&C P-4396 re There was presented Mayor and Council Communication No. P-4396 from the City
authorized repair Manager submitting a tabulation of bids received for the repair of a 1981 Daffin
of a 1983 Daffin Concrete Mobile for the Water Department; stating that funds are available in Equipment
Concrete Mobile for Services Operating Fund 61, Inventory Subsidiary Account No. 141-000400; and
the Water Depart- recommending that the repair be made by Custom -Crete, Inc., on low bid meeting all
ment by Custom- essential repair requirements, for an amount of $7,056.49, net f.o.b. Fort Worth, Texas.
Crete, Inc. It was the consensus of the City Council that the recommendation be adopted.
M&C P-4397 re There was presented Mayor and Council Communication No. 1-4391 from the City
purchase agreement Manager stating that the City Council authorized a purchase agreement with Associated
with Associated
Battery
Minutes of City Council P-3 Page 415
It
TUESDAY, JULY 24, 1990
M&C P-4397 re
purchase agreement Battery on October 24, 1989, by Mayor and Council Communication No. P-3785 to furnish
with Associated automotive and truck batteries to the City of Fort Worth for one year with option to
Battery to supply renew for two additional years; that the City Services Department has requested that
automotive batter- the first option to renew be exercised and the vendor has agreed to hold the quoted
ies by the City of prices firm for an additional year; stating that budgeted funds are sufficient to cover
Fort Worth the anticipated expenditure by each department participating in this agreement; and
recommending that the City Council authorize:
1. Exercising the first of two options to renew the purchase agreement with
Associated Battery to supply automotive batteries to the City of Fort
Worth on the low bid meeting specifications of the following unit
prices:
ITEM 1
1. Revise the authorized amounts for vendors as indicated
DESCRIPTION
UNIT PRICE
1.
BCI
Group
22, Type 22NF
$23.99
2.
BCI
Group
24, Type 24-40
$23.25
3.
BCI
Group
24F, Type 24F-40
$23.25
4.
BCI
Group
24F, Type 24F-50
$24.44
5.
BCI
Group
24F, Type 24F-750
$36.67
6.
BCI
Group
24, Type 24-60HP
$27.50
7.
BCI
Group
26, Type 26-60
$32.85
8.
BCI
Group
3, Type 3EH
$45.90
9.
BCI
Group
31, Type 31S
$45.43
10.
BCI
Group
31, Type 31T
$45.43
11.
BCI
Group
4, Type 4D
$75.65
12.
BCI
Group
4, Type 4 DLT
$68.20
13.
BCI
Group
4, Type 717A
$33.40
14.
BCI
Group
55, Type 55-50
$28.83
15.
BCI
Group
70, Type 70-60
$32.56
16.
BCI
Group
58, Type 58-50
$32.80
17.
BCI
Group
62, Type 62-50
$32.60
18.
BCA
Group
74, Type 74 MF
$27.27
19.
BCA
Group
74, Type 74-750
$36.67
20.
BCA
Group
8, Type 8D
$79.80
21.
BCA
Group
U, Type UL
$19.08
2. The agreement
to begin
October 24, 1990, and end
one year later with
option to renew
for one additional year at the prices
quoted; and
3. All City departments to participate in the agreement, if needed.
M&C P-4397 It was the consensus of the City Council that the recommendations be adopted.
adopted
M&C P-4398 re There was presented Mayor and Council Communication No. P-4398 from the City
Amend M&C P-3859 Manager, as follows:
Sole Source
Library Material SUBJECT: AMEND M&C P-3859, SOLE SOURCE LIBRARY MATERIAL PURCHASES OVER
$5,000.00
RECOMMENDATION:
It is recommended that the City Council amend M&C P-3859, dated 12-5-89, as
follows:
Minutes of City Council P-3 Page 416
1. Revise the authorized amounts for vendors as indicated
below:
VENDOR NAME
ORIGINAL AMOUNT
REVISED AMOUNT
Standard & Poor's
$ 5,000.00
$ 20,000.00
Data Pro
13,500.00
13,500.00
Information Access
60,000.00
70,000.00
Disclosure
7,000.00
10,000.00
Gale Research
65,000.00
65,000.00
R. R. Bowker
17,000.00
20,000.00
H. W. Wilson
9,000.00
12,000.00
University Microfilms International
60,000.00
60,000.00
Research Institute of America
8,000.00
12,000.00
Dun's Marketing Services
15,300.00
20,000.00
Moody's Investment Services
10,000.00
10,000.00
Commerce Clearing House
10,000.00
15,000.00
Congressional Information Service
47,000.00
47,000.00
Ambrose Video Publishing
6,500.00
6,500.00
American National Standards Institute
9,000.00
9,000.00
Books on Tape
10,000.00
10,000.00
Chadwyck-Healey (MURLs)
10,000.00
11,000.00
University Publications of America
7,000.00
7,000.00
Prentice -Hall Information Services
5,500.00
6,000.00
Total, f.o.b. Fort Worth
$374,800.00
$424,000.00
2. Add the following vendors to the list
of vendors for
direct purchase of
library materials, with the authorized
amounts shown:
Minutes of City Council P-3 Page 416
TUESDAY, JULY 24, 1990
M&C P-4398 cont.
re Amend M&C P-387 Matthew Bender $ 7,000.00
Sole Source Encyclopedia Britannica Educ. Corp, 8,000.00
Library Material Films for the Humanities & Sciences 11,000.00
McGraw-Hill Publishing Company 9,000.00
National Geographic Society 10,000.00
Quality Books 10,000.00
Worldwide Directory Products Sales 10,000.00
Baker & Taylor Continuation Service 20,000.00
Total for additional vendors: $ 85,000.00
Revised Total Authorized Amount $509,000.00
OTSCUSSION_
On December 5, 1989 (M&C P-3859), the City Council authorized direct
purchases to be made with a list of vendors to provide library materials.
Specific not -to -be -exceeded amounts for total purchases were shown. It is
requested that eight vendors be added to the list, that nine vendors have
their authorized amounts increased to allow additional purchases to be made,
and that seven vendors have their authorized amounts reduced.
State statute #252.022 General Exemptions, specifically excludes competitive
bidding for procurement of items that are available from only one source,
including: , ..
A. Items that are available from only one source because of patents,
copyrights, secret processes, or natural monopolies;
B. Films, manuscripts, or books;
C. Books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to
the materials; and
D. Purchase of rare books, papers, and other library materials for a public
1 i brary.
It is estimated that the library will purchase in excess of $5,000.00 during
the fiscal year with each of the listed vendors, based on previous experience.
Each vendor holds copyrights or exclusive distribution rights to the
materials it sells to the City. The total shown is an estimated figure;
however, it will not be exceeded without further authorization from the
Council.
FINANCING:
Sufficient funds are available in General Fund 01, Library Support Services,
Account No. 84-20-01. This expenditure will be made from Index Code 321034.
Ms. Kate Dixon Ms. Kate Dixon, Assistant Director of the Library, appeared before the City
re M&C P-4398 Council and advised the City Council that the additional purchase under Mayor and
Sole Source Council Communication No. P-4388 do not constitute a supplemental appropriation, but
Library material that the revised amount is to allow for additional purchases to be made and to let the
City Council know that they were spending more than what was authorized initially but
that the expenditure would not exceed the not -to -exceed amount approved by City Council
on December 5, 1989.
Council Member Chappell made a motion, seconded by Council Member Granger, that
the recommendations, as contained in Mayor and Council Communication No. P-4398, be
adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C P-4399 re
There was presented Mayor and Council Communication No. P-4399 from the City
purchase of train-
Manager stating that the City Council authorized the City Manager to enter into a
ing materials,
contract on June 26, 1990, by Mayor and Council Communication No. C-12391 with the
books, and tools
Texas Department of Commerce for implementation of Job Training Partnership Act
for job trainees
Title III for the period July 1, 1990, through June 30, 1991; that, as described in
for the Job Train-
these communications, academic and vocational classroom training are essential to this
ing Partnership Ac';JTPA
program; that the institutions listed are among the service providers for this
Title III Program
training and certain training materials are necessary for the training program; that,
for participants
because of the demand for classroom training, it is anticipated that invoices for books
attending Tarrant
and tools for participants in excess of $5,000.00 per month will be received; and
County Junior
recommending that the City Manager be authorized to purchase books, tools, and other
Coilege, American
supplies in excess of $5,000.00 per month for participants attending Tarrant County
Trade Institute.
Junior College, American Trade Institute, Arlington Court Reporting, Texas Court
Arlington Court Re
Reporting College, and Career Education Diesel, with the total cost of tools, etc. for
porting, Texas
Program Year 1990 not to exceed $80,000.00. It was the consensus of the City Council
Court Reporting
that the recommendation be adopted.
Colege, and Career
Education Diesel.
There was presented Mayor and Council Communication No. L-10167 from the City
M&C L-10167 re
Manager recommending that the City pay a total consideration of $54,600.00 for an
acquisition of
i rregul arly-shaped parcel of land 153.11 feet in depth on the north boundary line out
land
of Tract 2B of the William Huff Survey, Abstract 519, as recorded in Volume 714,
Page 459, Deed Records, Denton County, Texas; said parcel lying on the east side of the
existing U.S. 377 and being 268.48 feet in length on the east boundary, 161.80 feet in
depth on the south boundary, and 270.23 feet in length on the west boundary; located
Minutes of City Council P-3 Page 417
4-18
TUESDAY, JULY 24, 1990
&C L-10167 cont. adjacent to the east side of U.S. 377 - South of State Highway 114, Roanoke, Texas;
cquisition of pan owned by Tabernacle Baptist Church; and required for State Highway 170 and U.S.
Highway 377. It was the consensus of the City Council that the land be acquired as
recommended and that the expenditure be charged to Alliance Airport Fund 49, Project
No. 136117-00, Index Code 668343.
&C L-10158 re
There was presented Mayor and Council Communication No. L-10168 from the City
minent do -main
Manager recommending that the City Attorney be authorized to institute eminent domain
roceedings to
proceeding to acquire right-of-way on the west side of Lot 1, Block 5, Eastwood
cquire rith-of-wa
Addition No. 4 Filing as described in Volume 6864, Page 1629, Deed Records, Tarrant
ublic open space
County, Texas; and a public open space easement located at the northwest corner of the
asement, and tem-
right-of-way and a temporary construction easement from the west property line of
ora ry co ns tr uc do
Lot 1, Block 5, parallel and adjacent to the above-described right-of-way, required for
a se me n t
improvement of Village Creek Road. It was the consensus of the City Council that the
]an
recommendation be adopted.
&C L-10169 re
There was presented Mayor and Council Communication No. L-10169 from the City
ondemnation award
Manager recommending that authority be granted to deposit the award of $93,300.00
eposit for ac-
allowed by Special Commissioners in eminent domain proceedings, Cause
u i si ti on of right
No. CV -90-00204-C, for the acquisition of right-of-way and a drainage easement out of
f -way and drainage
William Huff Survey, Abstract 519, as recorded in Volume 1016, Page 955, Deed Records,
a se me nt
Tarrant County, Texas, and required for State Highway 170 and U.S. Highway 377. It was
the consensus of the City Council that authority be granted to deposit the award
allowed by Special Commissioners and that the expenditure be charged to Alliance
Airport Fund 49, Project No. 136117-00, Index Code 668343.
&C PZ -1586 re
There was presented Mayor and Council Communication No. PZ -1586, dated July 17,
dopted planned
1990, from the City Manager, as follows:
eveiopment site
ian for Eighth
SUBJECT: PLANNED DEVELOPMENT SITE PLAN: EIGHTH AVENUE YARD, LOTS 1 AND 2,
venue Yard
BLOCK 1, EIGHTH AVENUE AT WINDSOR PLACE (PDSP-90-2)
RECOMMENDATION:
It is recommended that the City Council adopt the site plan (a copy is
attached) proposed for property located in the proposed Eighth Avenue Yard,
Block 1, Lots 1 and 2, located at Eighth Avenue South of Windsor Place.
DISCUSSION:
Tarantula Corporation (Fort Worth and Western Railroad) has submitted a
rezoning request (Z-90-045) for a "PD/SU" Planned Development/Specific Use to
permit all uses in the "I" Light Industrial District plus the operation of a
tourist steam passenger train with limitations to minor repair and
maintenance of parts on freight locomotives and cars. This request was
approved by the City Council on June 26, 1990.
The Planned Development District (Section 2-H) of the City Zoning Ordinance
requires that a site plan be submitted for review and recommendation by the
Plan Commission prior to being presented to the City Council in public
hearing for final action. The subject site plan (PDSP-90-2) was recommended
for approval by the Plan Commission on June 29, 1990. Staff review of the
proposed site plan has determined that all requirements set forth by the City
Council in approving the zoning on the subject property (Z-90-045) and all
requirements recommended by the Plan Commission have been met.
1. The above ground storage tanks will be constructed of steel for the oil
and sand tanks, and steel, fiberglass or wood for the water tank and will not
exceed a maximum height of forty-five (45) feet. This facility will be
fitted with steel fuel pipes and PVC water pipes or as applicable to code.
2. Eighth Avenue will be landscaped. Photinias, or other like plants
planted at appropriate spacing, will be used for screening from the north end
of the covered platform to the north end of the development as part of Phase
Minutes of City Council P-3 Page 418
A public hearing by the City Council has been scheduled for July 17, 1990.
The notice of the scheduled hearing was mailed June 29, 1990.
ike Groomer,
Assistant City Manager Mike Groomer appeared before the City Council and advised
ssistant City
the City Council that the staff reviewed the final site plan of Tarantula Corporation
a nag er re
and advised the City Council that correspondence has been presented to the City Council
arantula Corpora-
regarding the six additional concerns of the neighborhood, requesting that City Council
ion PZ -1586
include the items under "General Conditions" on the site plan, and advised the City
evelopnent site
Council that the neighborhood also wanted the City to erect and maintain a sign to be
]an
placed on Windsor Place to reflect the access easement along the western property line.
r. Lee Rogers
Mr. Lee Rogers, 2417 Stanley, Chairman of the Zoning Committee of the Berkley
e PZ -1586 develop
Place Association, appeared before the City Council and expressed appreciation to the
ent site plan
members of the staff, City Council, and to Council Member Chappell in listening and
responding to the concerns of the neighborhood and requested that the City Council
approve the site plan as amended.
Council Member Chappell made a motion, seconded by Council Member Zapata, that the
site plan, as submitted, be approved with the additions to the "General Conditions" to
be included, as follows:
1. The above ground storage tanks will be constructed of steel for the oil
and sand tanks, and steel, fiberglass or wood for the water tank and will not
exceed a maximum height of forty-five (45) feet. This facility will be
fitted with steel fuel pipes and PVC water pipes or as applicable to code.
2. Eighth Avenue will be landscaped. Photinias, or other like plants
planted at appropriate spacing, will be used for screening from the north end
of the covered platform to the north end of the development as part of Phase
Minutes of City Council P-3 Page 418
413
TUESDAY, JULY 24, 1990
M&C PZ -1586 cont.
development site One. The remainder of the Eighth Avenue frontage will be heavily landscaped
plan with an assortment of southwestern type indigenous plants, including but not
limited to cactus, yucca, live oak, red oak, and turf grasses. This
landscaping will be in conjunction with the construction of the station.
3. The large directional sign will not exceed forty-five (45) feet in
height and a maximum of 500 square feet in area.
4. Traffic conditions are to be monitored on Eighth Avenue and if
deceleration lane(s) are warranted, they will be installed as needed.
5. All lighting shall be directional, with a maximum illumination of 1 1/2
foot candle; light standards shall not exceed thirty-five (35) feet in height
(Parking Lot). Low level ballard lighting along the western property line
and any mounted security lighting shall also be directional away from
adjacent properties.
In addition, the City is to erect and maintain appropriate signage in the
right-of-way of Windsor Place, to reflect that the access easement along the
western property line is restricted and that public access to the Eighth
Avenue Yard (Tarantula) site, is to be from Eighth Avenue as reflected on the
site plan.
When the motion was put to a vote by the Mayor, it prevailed unanimously.
M&C PZ -1587 re There was presented Mayor and Council Communication No. PZ -1587 from the City
vacating a Manager recommending that an ordinance be adopted vacating the north 30 feet of East
portion of East Butler Street, adjacent to Tract 2, W.R. Loving Survey, Abstract 948, from the Southern
Butler Street Pacific Railroad right-of-way east to South Timberline Drive, as recommended by the
City Plan Commission. It was the consensus of the City Council that the recommendation
be adopted.
Introduced Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Meadows. The motion, carrying with
it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
Ordinance No. 1064
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
ORDINANCE NO. 10646
AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A
PORTION OF EAST BUTLER STREET LOCATED ADJACENT TO THE W.R. LOVING
SURVEY IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND BEING
MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR REVERSION OF FEE
IN SAID LAND; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
M&C PZ -1588 re There was presented Mayor and Council Communication No. PZ -1588 from the City
vacating street Manager recommending that an ordinance be adopted vacating the northerly 20 feet of the
right -of -ray in a street right-of-way and a portion of the 4800 Block of Crestline Road adjacent to
portion of the Lots 30 through 35, Block B, Chamberlin -Arlington Heights Addition, First Filing, as
4800 block of recorded in Volume 63, Page 21, P.R.T.C.T. It was the consensus of the City Council
Crestline Road that the recommendation be adopted.
Introduced Council Member Meadows introduced an ordinance and made a motion that it be
Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying
with it the adoption of said ordinance, prevailed by the following vote:
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Garrison, Granger, McCray, Meadows, Webber, and Chappell
NOES: None
ABSENT: None
The ordinance, as adopted, is as follows:
Ordinance No. ORDINANCE NO. 10647
10647
AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A
PORTION OF THE 4800 BLOCK OF CRESTLINE ROAD LOCATED WITHIN THE
CHAMBERLIN-ARLINGTON HEIGHTS ADDITION, FIRST FILING, TO THE CITY OF
FORT WORTH, TARRANT COUNTY, TEXAS AND BEING MORE SPECIFICALLY
DESCRIBED HEREIN; PROVIDING FOR REVERSION OF FEE IN SAID LAND;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
Minutes of City Council P-3 Page 419
TUESDAY, JULY 24, 1990
M&C C-12402 re There was presented Mayor and Council Communication No. C-12402, dated July 12,
renewal of agree- 1990, from the City Manager stating that the purpose of this non-financial agreement is
ment with Private to outline duties and responsibilities of the PIC and the City of Fort Worth regarding
Industry Council their respective roles in administering the Job Training Partnership Act Program; and
recommending that the City Council authorize the Mayor to renew the agreement with the
Private Industry Council for a period beginning July 1, 1990, and ending June 30, 1992.
On motion of Council Member Granger, seconded by Council Member Zapata, the
recommendation was adopted.
M&C C-12433 re
It was the consensus of the City Council that consideration of Mayor and Council
continued until
Communication No. C-12433, Approval of Lease Agreement with Link Catering, Inc., for
after executive
Beverage Sales at Rockwood Golf Course, be continued until after executive session.
session
No. C-11261 for design of paving and drainage improvements (including overpass) for
M&C C-12434 re
There was presented Mayor and Council Communication No. C-12434 from the City
amendment to City
Manager stating that the City Council awarded a design services contract on April 11,
Secretary Contract
1989, by Mayor and Council Communication No. C-11586 in the amount of $77,239.00 to
No. 17076 with
Teague, Nall and Perkins, Inc., to design the reconstruction of Trinity Boulevard east
Teague, Nall, and
of State Highway 360, City Secretary Contract No. 17076, to provide plans for the
Perkins, Inc. for
reconstruction of Trinity Boulevard from east of State Highway 360 which would restore
design services
failed areas of pavement and reestablish the ride quality of the road; that the
for reconstruction
contract was amended by Mayor and Council Communication No. C-12032, dated December 12,
of Trinity Boule-
1989, thus increasing the contract amount to $90,439.00; that design considerations
vard east of State
require that the outside curb alignment be adjusted resulting in a reduced street width
Highway 360
of one foot; that the Engineer also must develop a Traffic Control Plan to satisfy
of a security road
State requirements; that the Engineer has agreed to accomplish this additional work for
in the City of Fort
$4,668.00; stating that funds are available in Street Improvements Fund 67, Project
Worth within the
No. 023207-00, Index Code 630202; and recommending that the City Manager be authorized
boundaries of the
to increase City Secretary Contract No. 17076 with Teague, Nall, and Perkins, Inc., by
Western Currency
an amount of $4,668.00, to an amount not to exceed $95,107.00 for design services for
Production Facility
the reconstruction of Trinity Boulevard east of State Highway 360. It was the
consensus of the City Council that the recommendation be adopted.
M&C C-12435 re
There was presented Mayor and Council Communication No. C-12435 from the City
contract with
Manager stating that the City Council awarded a design services contract to Gordon
Fulton Surveying,
Swift, Consulting Engineers, on October 25, 1988, by Mayor and Council Communication
Inc. to provide
No. C-11261 for design of paving and drainage improvements (including overpass) for
construction surveil
Meacham Boulevard from 760 feet west of Interstate Highway 35W to west of the
requirements for
Burlington Northern Railroad yard; that, included in this contract was a provision for
Meacham Boulevard
the consultant to perform the engineering survey, take cross sections, and set control
fron Mark IV Park-
necessary for the design of the project; that the survey work actually was performed by
way to Burlington
Fulton Surveying, Inc., under subcontract to Gordon Swift, Consulting Engineers; that
Northern Railroad
the City Council awarded a construction contract to Austin Bridge Company in the amount
Yard
of $3,859,830.05 and 180 working days for the improvements to Meacham Boulevard; that
Authorized Inter-
Fulton Surveying, Inc., has agreed to do the necessary construction surveying work on
focal Agreement
an hourly cost basis with a maximum fee not to exceed $15,000.00; that the scope of
with Tarrant County
work would include all required construction surveying and controls as needed for
for construction
completion of this construction project; and recommending that the City Council
of a security road
authorize the City Manager to:
1. Approve the following bond fund transfer:
Minutes of City Council P-3 Page 420
FROM TO AMOUNT REASON
30-036901-00 30-023191-00 $15,000.00 To provide funds
New Additions Meacham for construction
Unspecified Boulevard surveying services.
Overpass
2. Execute a contract with the firm of Fulton Surveying, Inc., in the
amount of $15,000.00 to provide for construction survey requirements for
Meacham Boulevard (From Mark IV Parkway to Burlington Northern Railroad
yard).
MU*C C-12435 adopted
It was the consensus of the City Council that the recommendations be adopted.
H&C C-12435 re
There was presented Mayor and Council Communication No. C-12436 from the City
Authorized Inter-
Manager stating that the City staff and J.D. Johnson, County Commissioner, Precinct
focal Agreement
No. 4, have developed a proposed agreement whereby the Precinct Four Road and Bridge
with Tarrant County
Maintenance Division will contract for and supervise the construction of a security
for construction
road located in the City of Fort Worth within the boundaries of the Western Currency
of a security road
Production Facility; that the County will provide .labor and standard equipment to
in the City of Fort
construct a two -course penetration roadway of approximately 84,960 square feet and will
Worth within the
contract for the construction of approximately 8,400 square feet of concrete roadway;
boundaries of the
that the City will reimburse Tarrant County for the cost of materials for the County
Western Currency
construction portion of the roadway and for the full cost of the contract for the
Production Facility
concrete portion; that the cost of the materials for the asphalt penetration roadway is
estimated at $8,699.20; that the cost of the construction contract is estimated at
$25,000.00; stating that funds are available in Capital Projects Reserve Fund 10,
Project No. 020001-00; and recommending that the City Manager be authorized to execute
an Interlocal Agreement with Tarrant County for construction of a security road in the
City of Fort Worth within the boundaries of the Western Currency Production Facility
for an amount not to exceed $33,699.20. It was the consensus of the City Council that
the recommendation be adopted.
Minutes of City Council P-3 Page 420
MZC C-1.2437 re
authoriced Inter-
ioca Agreement
with the Ci tJ of
Benbrook for the
interim r ecoJnstruc
tion of Chap -in Roa
from qi 1iams Road
to IH -820
MAC C-12437
adopted
MAC C-12438 re
authorized contrac
with M.A. Vinson
Construction Com-
pang for construc-
tion of the West
Vickery Boulevard
Drainage Reiief
System
MaOC C-12438
adopted
MAC C-12439 re
authorized con-
tract for hydro -
mu i ch seeding at
Fort Worth
Alliance Airport
with Centex Seed-
ing, Inc.
TUESDAY, JULY 24, 1990
There was presented Mayor and Council Communication No. C-12437 from the City
Manager, as follows:
SUBJECT: INTERLOCAL AGREEMENT WITH THE CITY OF BENBROOK, FOR IMPROVEMENTS TO
CHAPIN ROAD
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the following fund transfer:
FROM TO AMOUNT REASON
93-057901-00 93-035476-00 $75,000.00 To provide funds
Prior Years Chapin Road, for interim re -
Funding Williams Road construction.
Unspecified to IH -820
2. Authorize the City Manager to execute an Interlocal Agreement with the
City of Benbrook providing for the interim reconstruction of Chapin Road
from Williams Road to IH -820 at a cost not to exceed $75,000.
RArvnpnimn-
The 7,900 foot portion of Chapin Road between Williams Road and Interstate
Loop 820 serves as a border street between the City of Benbrook and the City
of Fort Worth. Nineteen (19%) percent lies fully in the City of Benbrook,
and seventy-three (73%) percent represents the border line with the City of
Fort Worth. The remainder lies in an unincorporated area of Tarrant County
with Fort Worth and Benbrook on either side.
The 39 -foot wide asphalt pavement serves as a main thoroughfare in the area.
The roadway is substandard and is in need of major repair.
nTCrilggTnN-
Although Chapin Road is largely within the Benbrook City limits, it is used
equally by both Fort Worth and Benbrook residents.
The City of Benbrook has requested assistance from Tarrant County to cement
stabilize the subgrade and provide a 3 -inch H.M.A.C. pavement surface.
The proposed Interlocal Agreement calls for the City of Fort Worth to
reimburse Benbrook for a share of the material cost, equal to 36.5% of the
actual cost, but not to exceed $75,000.
Transportation/Public Works staff has reviewed and concluded that this is a
fair cost sharing for the maintenance project of Chapin Road.
FINANCING:
Sufficient funds are available for transfer from Contract Street Maintenance
Fund 93, Project No. 057901-00, Prior Years Funding Unspecified. Upon
approval and completion of Recommendation No. 1, sufficient funds will be
available in Contract Street Maintenance Fund 93, Project No. 035476-00,
Chapin Road, Williams Road to IH820. Expenditures will be made from Index
Code 693465. Sufficient funds are available in Contract Street Maintenance
Fund 93, Project No. 095106-00, Engineering Salaries, for administrative and
engineering costs as required to assist the City of Benbrook.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12437, be adopted.
There was presented Mayor and Council Communication No. C-12438 from the City
Manager submitting a tabulation of bids received for construction of the West Vickery
Boulevard Drainage Relief System; and recommending that the City Council authorize the
City Manager to:
1. Approve the following bond fund transfer:
FROM TO AMOUNT REASON
67-023205-00 67-028876-00 $620,710.12 To provide funds
Bryant Irvin Road W. Vickery Relief for construction.
Storm Drain
2.Execute a contract with the firm of M.A. Vinson Construction Company for
construction of the West Vickery Boulevard Drainage Relief System based
on its lowest responsive bid of $1,994,118.56.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-12439 from the City
Manager proposing to award a grass seeding contract for areas at Fort Worth Alliance
Minutes of City Council P-3 Page 421
0
f�
MQG L-iZ439 Cont
re authorized
contract for by
dromuich seeding
at Fort Worth
Ailiance Airport
with Centex
Seeding, Inc.
M&C C-12440 re
authorized contras
with Austin Pavo'ng
Company for the
street improvement
to Western Center
Bouyevard
M&C C-12440 be
adopted
M&C C-1244.1 re
authorized ex-
ecution of State
Dept. of Highways
and Pubic Trans-
portation From
D-15-129, Agree-
ment to Contribute
Funds +n acquiring
right-of-way
TUESDAY, JULY 24, 1990
Airport to a specialist who has hydromulching equipment and can place sodding and/or
seeding in a cost efficient and uniform manner; that 12 invitations to bid were sent
out advertising the City's requirements and stipulations relating to workers'
compensation insurance, public liability insurance, the City's DBE requirements, and
performance standards; stating that funds are available in Airport Fund 40, Account
No. 55-20-03, Index Code 336594; and recommending that the City Manager be authorized
to execute a contract for hydromulch seeding at Fort Worth Alliance Airport with Centex
Seeding, Inc., in an amount of $20,500.00. It was the consensus of the City Council
that the recommendation be adopted.
There was presented Mayor and Council Communication No. C-12440 from the City
Manager submitting a tabulation of bids received for the assessment paving of Western
Center Boulevard from I -35W to 470 feet west of Pacesetter Drive; and recommending that
the City Council:
1. Approve the following bond fund transfer:
FROM
90-136901-00
Streets in
New Additions
TO
90-136067-00
Western Center
Blvd.
AMOUNT
REASON
$79,317.90 To provide funds for
the City's share of
construction cost plus
$27,873.24 for possible
change orders.
2. Authorize the City Manager to execute a contract with Austin Paving
Company in the amount of $929,108.00 and 127 working days for the street
improvements to Western Center Boulevard.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-12441 from the City
Manager, as follows:
SUBJECT: IH35W/EAGLE PARKWAY INTERCHANGE - AGREEMENT TO PAY CITY'S SHARE OF
RIGHT-OF-WAY COST ,
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the following bond fund transfer:
FROM TO AMOUNT REASON
90-136901-00 90-136112-00 $7,500.00 To cover City's
Streets in New Eagle Parkway share of R.O.W.
Additions, Interchange cost.
Unspecified
2. Authorize the City Manager to execute SDHPT Form D-15-129, Agreement to
Contribute Funds, covering City and State participation in acquiring
right-of-way for the I-35W/Eagle Parkway Interchange.
BACKGROUND:
On August 8, 1989 (M&C G-8156), the City Council accepted the State
Department of Highways and Public Transportation's (SDHPT) Minute Order
No. 89068 relating to the design and construction of the Alliance Boulevard
and Park Vista (subsequently renamed Eagle Parkway) interchanges and
appurtenances on IH 35W in the vicinity of the Alliance Airport. The minute
order provides, among other things, that, if the City would pay ten percent
of the cost of all non -donated right-of-way, the State will pay the remaining
ninety percent of the cost.
DISCUSSION:
The SDHPT has advised the City that the Eagle Parkway/IH 35W interchange
plans, submitted to the SDHPT in January 1990, have been approved for
right-of-way acquisition and construction. The SDHPT will proceed with
right-of-way acquisition as soon as the City executes Form D-15-129,
Agreement to Contribute Funds (copy attached), and contributes $7,500.00
which is 10 percent of the estimated cost of the non -donated right-of-way.
If the final cost of non -donated right-of-way should exceed the SDHPT's
current estimate, the State will require that a supplemental agreement be
executed and that the City contribute ten percent of the excess cost.
Conversely, if the amount that the City has contributed exceeds ten percent
of the right-of-way cost, the excess amount will be returned to the City.
PROJECT FINANCING:
Sufficient funds are available for transfer from New Development Fund 90,
Project No. 136901-00, Streets in New Additions, Unspecified. Upon approval
and completion of Recommendation No. 1, sufficient funds will be available in
Minutes of City Council P-3 Page 422
MSC C-12441 coat.
execution of State
Dept. of Highways
and Public Trans-
portation Form
D-15-129
M&C C-12441 adopte
MMIC C-12442 re
contract with
Traffic Consult-.
ants, Inc. for
add+tionai work in
connection with
coordinating the
(City's efforts to
i rip s ement improve-
ments along IH 35W
between State High
way 114 and North
Loop 820
MU'C C-12442 adopt
11"0C C-12443 re
rejection of bids
received for the
requirements
contract for
Concrete Curb,
Gutter, and Drive
ways
Mn^ C-12443
adopted
423
TUESDAY, JULY 24, 1990
New Development Fund 90, Project No. 136112-00, Eagle Parkway Interchange.
Expenditures will be made from Index Code 621458.
It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12441, be adopted.
There was presented Mayor and Council Communication No. C-12442 from the City
Manager stating that the City Manager was authorized to enter into a professional
services contract on January 8, 1989, by Mayor and Council Communication No. C-11405
with Traffic Consultants, Inc., to coordinate implementation of improvements along
IH 35W between State Highway 114 and North Loop 820; that the work includes
coordinating several City projects with Tarrant and Denton Counties, several State
Highway Department offices and Highway Commission, communities in Tarrant County,
various highway -related offices at the Federal level, and property owners along IH 35W;
that the City Manager was authorized on January 16, 1990, by Mayor and Council
Communication No. C-12107 to amend TCI's contract to provide additional funds to cover
the consultant's fees for ongoing work as needed; that, at this time, staff estimates
that TCI can substantially complete all of the remaining tasks for an additional fee
not to exceed $35,000.00; and recommending that the City Council:
1. Approve the following bond fund transfer:
FROM TO AMOUNT REASON
90-136901-00 90-136095-00 $35,000.00 To provide funds
Streets in New IH 35W for consultant's
Additions, Coordination fee.
Unspecified
2. Authorize the City Manager to execute an amendment to City Secretary
Contact Nos. 16899 and 17658 with Traffic Consultants, Inc., for
additional work in connection with coordinating the City's efforts to
implement improvements along IH 35W between SH 114 and North Loop 820,
increasing the maximum allowable fee by $35,000.00, from $133,159.00 to
$168,159.00.
It was the consensus of the City Council that the recommendations be adopted.
There was presented Mayor and Council Communication No. C-12443 from the City
Manager, as follows:
SUBJECT: REJECTION OF BIDS FOR REQUIREMENTS CONTRACT FOR CONCRETE CURB,
GUTTER AND DRIVEWAYS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to reject
all bids received for the Requirements Contract for Concrete Curb, Gutter and
Driveways.
DISCUSSION:
On August 1, 1989 (M&C C-11777), the City Council approved a contract with
P.C. Construction, for the Requirements Contract for Concrete Curb, Gutter
and Driveways, in the amount of $104,000. In conjunction with the proposed
1988-89 Street Maintenance Program, this contract was prepared in order to
perform necessary concrete repair work on streets prior to placement of
H.M.A.C. pavement by the Transportation and Public Works Department's Street
Division.
The contract was terminated due to P.C. Construction failure to properly
perform under the terms of the contract. New bids were received on June 14,
1990, following advertisement on May 25 and 31, 1990. The bids are tabulated
as follows:
BIDDER AMOUNT
—T—
Architectural Utilities, Inc. $289,150.00
Austin Paving Company 470,610.00
Centerline Constructors, Inc. 498,505.00
Engineer's Estimate: $145,000
The low bid submitted for the concrete curb, gutter and driveway improvements
is approximately $144,000 over the engineer's estimate. The bid is 250%
higher than typically received on a project of this scope. The higher than
expected bids is probably due to move -in costs for each proposed improvement.
Staff believes that the low bid is excessive and recommends that all bids for
this project be rejected. This maintenance activity will be performed by
Street Division forces and work, such as construction of concrete valley
gutters, will be performed by contract.
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-12443, be adopted.
Minutes of City Council P-3 Page 423
&C C-12444 re
pproved change
rder No. 2 tonthe
raft for construe
ion of the Viiiag
reek Wastewater
reatment Planta
TUESDAY, JULY 24, 1990
There was presented Mayor and Council Communication No. C-12444 from the City
Manager, as follows:
SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO ODOR CONTROL FACILITIES, CATEGORY B,
PHASE I -C-3 (TEMPLE ASSOCIATES, INC.)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a transfer of funds in the amount of $42,641 from Sewer
Capital Improvement (Bond) Fund 80, Project No. 016001-00, Village Creek
Odor Control Facilities, Category B, Phase I -C-3 to Grant Fund 76,
Project No. 214697-03, Village Creek Odor Control Facilities,
Category B, Phase I -C-3; and
2. Authorize Change Order No. 2 in the amount of $42,641 to the contract
for construction of the Village Creek Wastewater Treatment Plant, Odor
Control Facilities, Category B, Phase I -C-3 revising the total contract
cost to $4,978,140 and an additional 14 calendar days.
RArvnPn11Nn
On January 10, 1989 (M&C C-11404), the City Council authorized the award of a
contract to Temple Associates, Inc. for construction of the Village Creek
Wastewater Treatment Plant, Odor Control Facilities Category B, Phase I -C-3.
PROJECT NO.: 08-016001-00 (76-214697-03)
PROPOSED CHANGE ORDER:
During construction, it was determined necessary to change and/or modify
several items to comply with actual field conditions.
The contractor, Temple Associates, Inc., will perform this additional work
for $42,641 and 14 additional calendar days. The proposed changes are as
follows:
1. Install underground ducts
@ Lump Sum $ 29,271.00
2. Install above ground ducts
@ Lump Sum 21,460.00
3. Paint blowers, slab and control
stands with company standard
paint instead of specified paint
@ Decrease ( 4,538.00)
4. Reroute street light power
connection @ Lump Sum 833.00
5. Modify heat tracing control
system to be corrosion resistant
@ Lump Sum 1,526.00
6. Add two (2) supports for ducts
carrying air to the scrubber plenum
@ Lump Sum 2,077.00
7. Modify vents for weir area covers
@ Lump Sum ( 10,427.00)
8. Change anchor bolts and hardware
from Type 304 to Type 316 stainless
steel @ Lump Sum 2,439.00
Total Change Order $ 42,641.00
The net effect of the proposed change order is as follows:
Original Contract Cost $4,899,500.00
Change Order No. 1 $ 35,999.00
Proposed Change Order No. 2 $ 42,641.00
Revised Contract Cost $4,978,140.00
The staff engineers of the Water Department have reviewed the proposed
charges and found them reasonable for similar work.
FINANCING:
Sufficient funds are available to transfer from Sewer Capital Improvement
(Bond) Fund 80, Project No. 016001-00, Village Creek Odor Control Facilities,
Category B, Phase I -C-3. Upon approval and completion of Recommendation
Minutes of City Council P-3 Page 424
4 n r.
MaOC C-12444 cont.
re contract for
construction of the No. 1 in the amount of $42,641.00, sufficient funds will be available in
Village Creek Grant Fund 76, Project No. 214697-03, Village Creek Odor Control Facilities,
Wastewater Treat- Category B, Phase I -C-3, Expenditures will be made from Index Code 511642.
ment Plant
A&C C-12444 adopte It was the consensus of the City Council that the recommendations, as contained in
Mayor and Council Communication No. C-12444, be adopted.
M&C C-12445 re
There was presented Mayor and Council Communication No. C-12445 from the City
authorized `ease
Manager stating that Acme School of Aeronautics, Inc., under City Secretary Contract
renewal with Acme
No. 17223, leases a hangar with associated auto and aircraft parking ramp at
Schooi of Aero-
Location 9N on Fort Worth Meacham Airport; that the term of lease will expire on
nautics. Inc. for
July 31, 1990, and the tenant seeks to renew for one year; that the lease renewal will
Hangar 9H at Fort
begin on August 1, 1990, and end July 31, 1991; stating that the total annual revenue
Worth r'�ieachan Rir-
Air-
is $7,090.44; and recommending that the City Manager be authorized to enter into a
port
lease renewal with Acme School of Aeronautics, Inc., for Hangar 9N at Fort Worth
Meacham Airport. It was the consensus of the City Council that the recommendation be
adopted.
M&C C-12446 re
There was presented Mayor and Council Communication No. C-12446 from the City
lease agreement
Manager stating that the Senior Community Service Employment Project is funded by the
with Centra: Bank
National Council on the Aging, Inc., and the JTPA Title II -A 3% Older Worker Program,
and Trust for
funded by the Texas Department of Commerce; that the programs are administered locally
Office space iocatcd
by the City of Fort Worth's Employment and Training Department, The Working Connection;
at 712 West Magnolia
that, in order to qualify for services, program participants must be unemployed,
Avenue
underemployed, or individuals who have or will have difficulty securing employment;
that funds are available in Grant Fund 76, Index Code 508556; and recommending that the
City Manager be authorized to renew the lease agreement with Central Bank and Trust for
office space located at 712 West Magnolia Avenue contingent upon execution of contracts
with funding agencies, with the term of the proposed lease to begin August 1, 1990, and
end July 31, 1991, for an amount not to exceed $1,578.42 per month.
consensus of the City Council that the recommendation be adopted.
Council Members Chappell and Garrison advised the City Council that they are
disqualified from voting on Mayor and Council Communication No. C-12446.
Council Member McCray made a motion, seconded by Council Member Zapata, that the
recommendation, as contained in Mayor and Council Communication No. C-12446, be adopted.
When the motion was put to a vote by the Mayor, it prevailed by the following vote:
M&C C-12447 re
contracts with
Texas Aero Tech,
TCJC, American
Trades Institute,
Li nco i n Tech,
Avalon, University
of Texas at Arling
ton, ITT, Bryan In
stltute, Texas
Court Reporting,
VTI, Lewis Univers
Sty, Fort Worth
Trade Schoo;,
Career Education
Diesei, National
Education Center,
Arlington Court
Reporting, Texas
?esleyan, and
Daiias County Co
mraun i ty College fo
the impieieentation
of the Job Trainin
Partnership Act
Titie III JoJ3
Training Program
AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata,
Granger, McCray, Meadows, and Webber
NOES: None
ABSENT: None
NOT VOTING: Council Members Chappell and Garrison
There was presented Mayor and Council Communication No. C-12447 from the City
Manager, as follows:
SUBJECT: CONTRACTS WITH SERVICE PROVIDERS FOR JOB TRAINING --JOB TRAINING
PARTNERSHIP ACT TITLE III JOB TRAINING PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to
contract with the following educational services providers, to implement the
Job Training Partnership Act Title III job training program: Texas Aero
Tech, TCJC, American Trades Institute, Lincoln Tech, Avalon, University of
Texas at Arlington, ITT, Bryan Institute, Texas Court Reporting, VTI, Lewis
University, Fort Worth Trade School, Career Education Diesel, National
Education Center, Arlington Court Reporting, Texas Wesleyan and Dallas County
Community College, for a total cost not to exceed $516,000.
DISCUSSION:
On June 26, 1990, through M&C C-12391, the City Council authorized the City
Manager to enter into a contract with the Texas Department of Commerce for
implementation of Job Training Partnership Act Title III for the period
July 1, 1990 through June 30, 1991. As described in these communications,
academic and vocational classroom training are essential to this JTPA program.
Through these services, participants are provided with "specific
occupational/educational classroom training.' City Council authorized that
these services be procured on a 'buy -in' or 'as needed' basis.
Because of the demand for classroom training, it is anticipated that invoices
in excess of $5,000 per month will be received from the listed, local
educational institutions which are to provide specialized training activities.
These institutions and the total invoices expected during the program period
(July 1, 1990 through June 30, 1991) are as follows:
INSTITUTION ANTICIPATED INVOICES PY '90
Texas Aero Tech
TCJC
Minutes of City Council P-3 Page 425
$100,000.00
75,000.00
M&C C-12447 cont.
re contracts with
various coleges,
trades institutes,
court reporting,
education centers.
for the implementa
tion of the Job
Training Partner-
ship ACt Title III
Job Training
,Program
M&C C-12447
adopted
MuC 0-12448 re
approved change
order No. 2 with
CDC Contractors
for the Greenbriar
Recreation Center•
Addition
TUESDAY, JULY 24, 1990
American Trade Institute
Lincoln Tech
Avalon
UTA of Arlington
ITT
Texas Court Reporting
Bryan Institute
Fort Worth Trade School
Career Education Diesel
DeVry
National Education Center
Dallas County Community College
Arlington Court Reporting
Texas Wesleyan
FINANCING:
50,000.00
50,000.00
40,000.00
35,000.00
35.000.00
40,000.00
15,000.00
10,000.00
12,000.00
12,000.00
10,000.00
7,000.00
15,000.00
10,000.00
$516,000.00
Sufficient funds are available in Grant Fund 76, Project 405-524-01 Title III
Retraining. Expenditure will be made from Index Code 510214, Classroom
Training and Index Code 510446, Books, and Index Code 510289, Other Operating
Supplies.
It was the consensus of the City Council that the recommendation, as contained in Mayor
and Council Communication No. C-12447, be adopted.
There was presented Mayor and Council Communication No. C-12448 from the City
Manager, as follows:
SUBJECT: CHANGE ORDER NO. 2, FOR GREENBRIAR RECREATION CENTER ADDITION (CDC
CONTRACTORS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve
Change Order No. 2 to City Secretary Contract No. 17641 with CDC Contractors
for the Greenbriar Recreation Center Addition in the amount of $7,245.40,
increasing the total contract amount to $180,642.66.
DISCUSSION:
On December 12, 1989 (M&C C-12045), the City Council authorized the City
Manager to execute a contract with CDC Contractors in the amount of
$162,340.00 at the Greenbriar Recreation Center for an activity room
addition, installation of a wood floor and dividing screen in the existing
gymnasium.
On May 15, 1990, Change Order No. 1 was approved in the amount of $11,057.26
for rerouting an existing underground electrical line, testing and repairs to
the existing domestic waterline, installation of gym floor sleeves and
installation of a sub -soil drainage system.
Proposed Change Order No. 2 is needed to comply with the present plumbing and
building codes of the City of Fort Worth. Some minor additional changes to
the contract have also been included.
PROPOSED CHANGE ORDER NO. 2:
This change order is required to:
1. Provide for the installation of a new
water closet for the women's restroom
and the rerouting of the existing 3"
clean-out (To comply with the Codes) Add. $5,588.34
2. Provide for extra court striping for
new gymnasium wood floor. Add. $ 370.06
3. Provide for panic hardware for double
doors at Room 113. Add. $1,287.00
An additional ten (10) calendar days is necessary for this work.
Staff has reviewed all costs and time extension requests and believes them to
be fair and reasonable for the proposed work.
EFFECT OF PROPOSED CHANGE ORDER NO. 2:
Original Contract Amount:
Approved Change Order No.1:
Recommended Change Order No. 2:
Proposed New Contract Amount:
Minutes of City Council P-3 Page 426
4
$162,340.00
11,057.26
7,245.40
$180,642.66
�->
TUESDAY, JULY 24, 1990
aC C-12448 cont.
e approved
Approval of
proposed Change Order No. 2 and
previously approved Change Order
hange order No. 2
No. 1 would
represent a net increase of 11.27% over the original contract
ith CDC Contractor
amount.
to Larry H. Jackson Construction on January 16, 1990; and recommending that the City
nd authorized fina
or the Greenbrpar
ayment to Larry
authorize final payment in the amount of $6,737.25 to Larry H. Jackson Construction,
. Jackson Co ns tr uc
ecreati on Center
FINANCING:
It was the consensus of the City Council that the recommendations be adopted.
&C OC S-1 55 re
ddi ti on
io sed second p ubii
the City Secretary stating that Mayor and Council Communication No. G-8685 was approved
earing on the Eagif
by the City Council on June 26, 1990, approving the timetable for the contemplated
Sufficient
funds are available in Parks
& Recreation Fund 23, Project
land; that notice of the second public hearing was published in the Fort Worth
No. 042001-02,
New Centers, Sycamore Sector,
to finance this change order.
F.M. 1220 , South of W.J. Boaz Road (County Road 4115); stating that the contemplated
Expenditures
will be made from Index Code No.
644179.
&C C-12448 adopted) It was the consensus of the City Council that the recommendation, as contained in Mayor
r. William Edmonds Mr. William Edmonds, 1317 Kings Highway, appeared before the City Council and
e The Swimming Hole advised the City Council that in his report to the City Council he believes that it was
misinterpreted and that he was in no way suggesting that the City officials owned the
Eakins' painting but that the painting was owned by the citizens of Fort Worth and not
by the Art Association. Mayor Bolen advised Mr. Edmonds that the information provided
has been reviewed and that the staff will continue to review the information provided
regarding the ownership of the Eakins' painting.
Mayor Bolen excused himself from the Council table at this time and Mayor Pro
tempore Gilley assumed the chair.
r. Wi i 1 i am Edmonds Mr. Wil l i am Edmonds appeared before the City Council and read an affidavit of Mary
e Eleanor hither- Eleanor Witherspoon into the record, as follows:
Poon - affidavit
THE STATE OF TEXAS
*
COUNTY OF TARRANT
AFFIDAVIT OF MARY ELEANOR WITHERSPOON
BEFORE ME, the undersigned official, on this day appeared MARY ELEANOR
WITHERSPOON, who is personally known to me and first being duly sworn
according to law upon her oath, deposed and said:
"My name is Mary Eleanor Witherspoon; I am over the age of
eighteen (18) years, and I reside in Tarrant County, Texas. I have
never been convicted of a crime and I am fully competent to make this
Affidavit. I have personal knowledge of the facts stated herein and
they are true and correct."
1. I first moved to Fort Worth, Texas, in 1911.
2. I remember my mother taking me to art shows at the red library
(Carnegie Public Library) as early as 1912. Every time they had a show, we
went.
Minutes of City Council P-3 Page 427
and Council Communication No. C-12448, be adopted.
&C FP -2710 re
There was presented Mayor and Council Communication No. FP -2710 from the City
ompie to paving of
Manager stating that Belle Place Street Improvements from Bunting to Mattison have been
e i l e Place from
completed in accordance with plans and specifications under Contract No. 17680 awarded
unting to Itattison
to Larry H. Jackson Construction on January 16, 1990; and recommending that the City
nd authorized fina
Council accept as complete Belle Place Street Improvements from Bunting to Mattison and
ayment to Larry
authorize final payment in the amount of $6,737.25 to Larry H. Jackson Construction,
. Jackson Co ns tr uc
with funds available in Street Improvements fund 67, Retainage Account No. 205-017680.
ion
It was the consensus of the City Council that the recommendations be adopted.
&C OC S-1 55 re
There was presented Mayor and Council Communication No. OCS-155 from the Office of
io sed second p ubii
the City Secretary stating that Mayor and Council Communication No. G-8685 was approved
earing on the Eagif
by the City Council on June 26, 1990, approving the timetable for the contemplated
ountai n Water
annexation of 65.119 acres in the Eagle Mountain Water Treatment Plant and adjacent
reatment Piant
land; that notice of the second public hearing was published in the Fort Worth
Commercial Recorder on July 13, 1990; that the property is located on Boat Club Road
F.M. 1220 , South of W.J. Boaz Road (County Road 4115); stating that the contemplated
annexation is before the City Council for second public hearing today and recommending
that the City Council close the hearing and instruct staff to initiate annexation
proceedings.
Mayor Bolen asked if there was anyone present desiring to be heard.
There being no one present desiring to be heard in connection with the annexation
of 65.119 acres in the Eagle Mountain Water Treatment Plant and adjacent land, Mayor
Pro tempore Gilley made a motion, seconded by Council Member McCray, that the hearing
be closed and that the staff be instructed to initiate annexation proceedings. When
the motion was put to a vote by the Mayor, it prevailed unanimously.
r. J.W. Bryant re
Mr. J.W. Bryant, 609 Verna Trail North, appeared before the City Council regarding
he Eakins - The
the ownership of the Eakins' "The Swimming Hole" and presented recommendations for
wimming Hole
distributions of funds from the sale of tFe Eakins' painting and requested that, if
there is no proof of ownership of the $10,000,000.00 by the City of Fort Worth, then a
suggestion of a fair distribution for everyone is requested.
r. William Edmonds Mr. William Edmonds, 1317 Kings Highway, appeared before the City Council and
e The Swimming Hole advised the City Council that in his report to the City Council he believes that it was
misinterpreted and that he was in no way suggesting that the City officials owned the
Eakins' painting but that the painting was owned by the citizens of Fort Worth and not
by the Art Association. Mayor Bolen advised Mr. Edmonds that the information provided
has been reviewed and that the staff will continue to review the information provided
regarding the ownership of the Eakins' painting.
Mayor Bolen excused himself from the Council table at this time and Mayor Pro
tempore Gilley assumed the chair.
r. Wi i 1 i am Edmonds Mr. Wil l i am Edmonds appeared before the City Council and read an affidavit of Mary
e Eleanor hither- Eleanor Witherspoon into the record, as follows:
Poon - affidavit
THE STATE OF TEXAS
*
COUNTY OF TARRANT
AFFIDAVIT OF MARY ELEANOR WITHERSPOON
BEFORE ME, the undersigned official, on this day appeared MARY ELEANOR
WITHERSPOON, who is personally known to me and first being duly sworn
according to law upon her oath, deposed and said:
"My name is Mary Eleanor Witherspoon; I am over the age of
eighteen (18) years, and I reside in Tarrant County, Texas. I have
never been convicted of a crime and I am fully competent to make this
Affidavit. I have personal knowledge of the facts stated herein and
they are true and correct."
1. I first moved to Fort Worth, Texas, in 1911.
2. I remember my mother taking me to art shows at the red library
(Carnegie Public Library) as early as 1912. Every time they had a show, we
went.
Minutes of City Council P-3 Page 427
4.1"S,
TUESDAY, JULY 24, 1990
r. William 3. Fort Worth used to be a different type of town. You could know all
dmonds cont.
of of the first families of Fort Worth very easily; they were friendly and
e affidavit
ary E i eanor i the - hospitable, and if anyone had any talent, they were always ready to back that
person.
Poon
4. In 1929, under the direction of Mr. Robert Vonnah, who was then
painting the portrait of Mr. Charles Scheuber which hangs in the Fort Worth
Public Library, I traveled up East to study miniature painting with a student
of Whistler.
5. I was a personal acquaintance of Mrs. Scheuber for many years, and
was in her presence many times. She would call me on the phone and address
me as, "Miss Eleanor."
6. Mrs. Scheuber was a very strong character, a very determined woman,
but her determinations were in the right directions; they were for the
benefit of Fort Worth.
7. Mrs. Scheuber not only helped bring into being our public library
and our art museum, but she and Mrs. Ida Turner were the originators of our
first childrens' hospital.
8. Mrs. Scheuber considered the Fort Worth Art Association a group of
Fort Worth people who were interested in preserving the culture of our time.
She was secretary of the Association, and her interest was in benefiting
local people.
9. My personal memory of the Art Association in those early days was
to preserve our art collection for the city. The members of the Art
Association were not doing it for themselves. Their activities were for the
benefit of all people in Fort Worth.
10. I know, as a result of my close personal acquaintance with
Mrs. Scheuber and from my clear memory of the 1920s, that Mrs. Scheuber
bought the Thomas Eakins painting, "The Swimming Hole," for Fort Worth, and
that she intended for it to stay here.
11. The downtown merchants, including the Striplings, the Meachams, the
Burtons, Leon Gross, and others donated money for a permanent art collection
for Fort Worth back in the twenties. Mrs. Scheuber personally collected
money from many of these men. When they saw her coming they started reaching
for their money. She would not take "no" for an answer.
12. I personally feel that it is a disgrace that the Eakins painting
has been held hostage so that a ransom would be paid. It is a dishonor to
the people who contributed to its purchase and who were intent upon adding to
the cultural heritage of Fort Worth.
13. They used to have art classes at the museum, but everything
vanished. There ought to be more activity and accomplishment by that Modern
Museum for cultural progress in Fort Worth.
14. A week ago, on a Saturday, I went to the Carter Museum. It was
amazing how many people were in that building. It was filled with people.
15. Every time I've been to that Modern Museum, I don't believe there
were five people there looking.
16. I no longer go to the Modern Art Museum. It used to be a lot of
fun. It was for the people. They had wonderful programs and classes. All
that is just a memory, now.
17. The paintings at the Carnegie Library were paid for and belonged
right where they were hanging. You didn't hear any talk about who owned the
paintings. Mrs. Scheuber, the downtown men, the Wednesday Club, the Reynolds
Family, the Hardings, to my knowledge, did not discuss ownership. It was
obvious that their efforts were for the people of Fort Worth.
18. It is my personal knowledge that the efforts of families such as
Reynolds, Harding, Stripling, Shelton, Bewley, Cantey, Bell, and Maddox were
for the citizens of Fort Worth, as opposed to the futherance of an art
association. The Art Association just happened to be an association which
had to do with all of this. But all of the people who supported the Art
Association with their money and their efforts never intended for the
Association members to be the owners, or the possessors, or the dictators.
Establishment of the Art Association was emphatically not to make those few
people owners of the paintings and other art objects.
19. In my opinion, the originators of the permanent art collection for
Fort Worth would be flippin' dirt if they knew about the ransom money for the
Eakins painting, the exhibits of so-called "art" in our city museum which are
an embarassment, and the take-over of the museum by the priviledged few to
the exclusion of the average citizens of Fort Worth.
Minutes of City Council P-3 Page 428
Mr. Vii -i 'i i am Edmond:
cont. re Affidavit
of Mary eleanor
Witherspoon
Recess into Closedl
or executive
session
Reconvened into
regular session
M&C C-12433 re
execute a Manage-
ment and License
Agreement with
International Golf
of Texas to manage
the City's Rock-
wood golf Course
Adjourned
Further Affiant saith not.
TUESDAY, JULY 24, 1990
/S/ Mary Eleanor Witherspoon
Mary Eleanor Witherspoon
SUBSCRIBED AND SWORN TO BEFORE ME by the said Mary Eleanor Witherspoon of
this 22 day of July, 1990. To certify witness my hand and official seal
/S/ (Unable To Read Signature)
Notary Public in and for
The State of Texas
My commission expires: 1-17-94
It was the consensus of the City Council that the City Council recess into closed
or executive session to receive the advice of its attorney concerning Management
Agreement for Rockwood Golf Course as authorized by Section 2(e), Article 6252-17,
V.A.C.S.
The City Council reconvened into regular session with eight members present and
Mayor Bolen absent, at which time the following business was transacted.
There was presented Mayor and Council Communication No. C-12433 from the City
Manager stating that the City Council approved amended Mayor and Council Communication
No. C-12195 on February 27, 1990, authorizing the City Manager to execute a Management
and License Agreement with International Golf of Texas to manage the City's Rockwood
Golf Course; that, because IGT has not been incorporated in Texas for three years, it
is not eligible to receive a license from the Texas Alcoholic Beverage Commission; that
it is necessary for the City to contract with Link Catering, Inc., a Texas based
corporation which does qualify for a beer license, for beverage sales at Rockwood Golf
Course; and recommending that the City Manager be authorized to execute a lease
agreement with Link Catering, Inc., for beverage sales at Rockwood Golf Course. On
motion of Council Member Zapata, seconded by Council Member Chappell, the
recommendation was adopted.
There being no further business, the meeti
ZICIfTZYSECRETARY
Minutes of City Council P-3 Page 429